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HomeMy WebLinkAbout05-2458 MEMBERS 18T FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. O~-;)<!SJ> Ciu~l~8L~ NICKOLAS BUGOSH AlK/A NICHOLAS BUGOSH DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 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 claims or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. NICKOLAS BUGOSH AlKlA NICHOLAS BUGOSH DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra suya Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notification y por cualquier queja 0 alivio que es pedido en la peticion de demanda USTED PUEDE PERDER DINERO 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 or 1-800-990-9108 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: ({).J- J-45~ NICKOLAS BUGOSH aIkIa NICHOLAS BUGOSH DEFENDANT : CIVIL ACTION-LA W-MORTGAGE : FORECLOSURE COMPLAINT AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members 1st Federal Credit Union ("Members Isr), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Nickolas Bugosh aIkIa Nicholas Bugosh (referred to herein as "Defendant"), is an adult individual having a last known address of 1493 English Drive, Mechanicsburg, PA 17055. 3. On or about October 7, 2003, Defendant borrowed from and agreed to repay to Members 1 sl SEVENTY THOUSAND FIVE HUNDRED AND NOlI 00 ($70,500.00) dollars (the "Loan"). The Loan is evidenced by a Note dated October 7,2003 (the "Note") executed and delivered to Members 1 st by Defendant. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant executed and delivered to Members 1 st a mortgage ("Mortgage") on all that certain tract of ground together with improvements erected thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, P A 17025 ("Property"). At all times relevant hereto, Defendant has been and continues to be the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5. On or about October 17, 2003, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1841, Page 1922. A true and correct copy of the Mortgage is attached hereto as Exhibit "c" and made part hereof. 6. The Mortgage has never been assigned by Members 1 51 and is still held by it as a valid and subsisting obligation of Defendant. 7. Pursuant to the tenns and conditions of the Note, Defendant agreed to pay to Members 1 st bi-weekly installments of principal and interest in the amount of at least $278.51 each beginning on October 29, 2003 and continuing every fourteen (14) days thereafter. 8. Defendant is in default of Defendant's obligations under the Note and the Mortgage as a result of Defendant's failure to make the payments due to Plaintiff as set forth therein. 9. Pursuant to the Act of January 30,1974, P.L. 13, No.6, 41 P.S. section 101, et. seQ., and in particular section 403 thereof, Members 151 gave written notice to Defendant of its intent to foreclose by letter dated January 3, 2005, addressed to Defendant via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. 10. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seq., a Notice ofIntent to Foreclose and of Defendant's rights under said Act was forwarded to the Defendant on January 3, 2005, via certified mail, return receipt requested. Members 1 st believes and therefore avers that Defendant has not applied for assistance under the Act. A copy of the said notice is attached hereto as Exhibit "E" and made part hereof. 11. A copy of Postal form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "F" and made part hereof. 12. Simultaneously, Members 1st forwarded to Defendant the same Notices as set forth in paragraphs 9 and 10 above addressed to Defendant by United States mail, fIrst class, postage prepaid, bearing the return address of Members 1st. The Notices forwarded to Defendant in said manner have not been returned to the offices of Members I st as undeliverable or otherwise. 13. As of the date hereof, Defendant is indebted to Members 1 st in the amount of SEVENTY THREE THOUSAND SIXTY THREE and 62/100 ($73,063.62) dollars itemized as follows: a. Outstanding principal b. Interest to May 6, 2005 c. Late fees d. Attorney's fees f. Total due to Members 1 st as of May 6, 2005 $68,004.83 2,377.70 181.09 2.500.00 $73,063.62 The above attorney's fees are estimated and are in accordance with Defendant's agreements as set forth in the underlying Mortgage and Note. 14. Defendant also agreed under the terms and conditions of the Note that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 13 above, costs incurred by Members I st as a result of the institution of these legal proceedings. 15. The obligation owed to Members 1 st continues to accrue interest at the rate of $11.6447 per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and continues to accrue late charges and attorney's fees. 16. As set forth above, Members 1 st has made demand upon Defendant to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendant continues to fail and refuses to cure the default. WHEREFORE, Plaintiff, Members I st Federal Credit Union, demands judgment against Nickolas Bugosh aIkIa Nicholas Bugosh in the amount SEVENTY THREE THOUSAND SIXTY THREE and 62/100 ($73,063.62) plus interest at the rate of $11.6447 per day, through the date of payment, including on and after the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Respectfully submitted, Date: &16~~ n "~- arl . Lede hm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff NOTE IC,I~ J PENNSYLVANIA . .IS!~I~i ocrOBER 7 2003 MECHANICSBURG ..\42.WXOMIN~ AVE~UE..ENOLA,. PENNSYLVANIA 17025 . . ip;o.I'~(iv'Ad;l'~~;1 . I. nonUOWEWS l'IU)l\lIS!-: TO P^" l111clmll lor a 11l,11! that I have I'cn:ivcd. I pf"(ll11ise 10 pay U.S. $. ?P.,.5:Q9..P,Q... "principal"). pIlls 111\cn:sl. \0 Ihe (llder 01 the I.cnd!.:!. I he I.cllder is MEMBERS 1ST FEDERAL CREDIT UNION . . ..' (this amount is called J ulIlJcr.sland that lhe Lelldell11ay transfer Ihis Noll'. The Lemler or <lnynnc who lakes this Noll' by lrunsrcr and who is l"lllilkd 111lTl"civc payments ll11d~1' (Ilis Nlllc is t,..;,llcd tht: "Note Ilolder." 1. INTEHLST Inlcn.:.sl willi'!.: dwrgcJ 011 lhe 11llpaid rrilH.:ip:ilulllillhc lull illnOllnl or the principal has been paid. I will ray illtcrest HI a vcnrly ratc uf ... .~~7.5....... %. The i;llcrc~l raIl' rcyuircd by this Section 2 is lhe rule I will pay hoth hefore and uner llllY default deserihed in SCl.!ion (,(11) or \hi!; Nlllc. .1. I'A YMENT~ (A) TIllie alld '"lace or I'aYllIellt.'i I will pay I'rlllt:ipal and irUcl'est by Illaking pllYlllents every fourteen Jays ("hi weekly"). I willlllilkc lilY biwcekly rnyrncnls heginning 011 .' O.C:I;ql}~R. .Z~............... ) .?99.3.., anu conlinuing every IOllrtccn Jay.~ tllClcallcr. I wil1nwkc the.\c P:IYll1CIlIS cvery fOllrleen days unlill have paid all the principal and intl.lcst ;ind ;ll1y olhcr!.:hargcs desnihed below thaI Imay owe ullder this Note. My biweekly payments will he applied to inlelest bdmc lll'il\l:iI1i\1. It', on .. .~?I:::rrRWH:J;t. .2.6.\.70.1.&......., ..,..,.. \ :o\i\\ owe illlHHlnts under this Note. I will pay tlHlse alllOllnl.~ in hIll 011 that date, whidl is called thc "maturity date." I willlllakc my biweekly pi\Yl11enl.~ at .. .~Oo.q )..OUISE DRIV~ HECHAN~_C,~~1)~.G.~ .fl'-,.~ ?9..5.~ , , , . , .... .,............,... or at :1 dillerent plaee if required by the Note I!older, (n) AlllOlIlIlllf Iliweckly I'RYlllelll~ Mv hiweddy rayment will be iuthe alllount ill" U.S. $. ~?~:-?,l..., 4. 1I0HHOWEI('S UH;IIT TO I'IH:I)^ V I havc Ihc righl 10 make payments 01 pl'lIleip:il ;It (lilY tlllle hdlH"e they arc dlle. ^ payment of principal ollly i.~ ktltlWll as a "prepaYIIICIlI..' Whell Imakc.1 pn:paYlllelll, I willtdlthc Nole Jlolder ill wriling lhat] alII doing .~(), I rnay Illake a lull prepayment ur panial pn:p\\)lmenls wi\holll paying .my prepilyme111 charge. .llle Nole Holder will ll.\e all of Ill)' prepaYl11ents 10 reducl" tile alllount of prindplll that I owe undcr lhi~ Note. II I make it rartilll prepayment. there will be 110 changes in the due date Of ill the illllOunt of my biweekly payment unless lhe Note Bukk,. agrees in writill~ lo those changes. 5. LOAN C1IAIU;ES II II law, which applies tn Ih.ls loan and wll'leh sets I11<lXllllLllllloan eharge.\, is finally interpreted so Ihatlhe intercst or other IO;lllchmges collected or to he cClllcded illconllectiHIl with this loan excecd the permitted limits, tlien: (i) any soch loan char~e sh.dl he l'edw.;cd by tile \\t\HHm\ I\cce~sar)l \0 reouc\': \hc charge to \ht: permitted hlllil; arltl (ii) any .SUl11~ .i111;adyullledcd lrolll mc whi!.:h exceeded pcrmitteu limits will be; refunded to me. The Note Holder may choose to makc this lclllnu hy rcducing the principal I owe unucr lhis Note or hy making a direct payrnetlllu me. 1[" t\ rdul\d rnlu'.:e!'. principal. Ihe redul.;lioll will be trcateu liS a p:nti,,1 prcpuyrncnt. 6. nOIUHJWEWS rAll.UnE TO I)AY AS HEQUIU.ED (A) 1.Hle Chaq~c for Overdue PaYlllenls If the Nole Holdel has not received lhe lull :lmOllllt of any hiweekly paymenl by the enu of ,.~~..., calendar days alLer the diltc it isdu...., I win })\\y a late c\mrgc\n\he Nolc Holder. The anlOlIllt of the charge will be . ,~...O.Q, . (M, 0] my overdue payment of prilleipal and internL I will pny lhis lale charge promptly but only OlH.:e 011 e"ell late payment. (II) Default II" I (10 not pay the full amount of eaell hiweekly payment on the uate it is due, I will be in uefault. (C) Nutice or Dcfaull If I am ill udalllt, thc Note Ilolder llWy send me iI written nOliee telling me that if I do not pay lhe overdue alllount by a certain date, the Note 1I0luer may require me to pay iml11ediately the rull amount of principnl whidl has not been I~\\il\ I'm! 1\11 lhe in\ele~\ \hat lowe on that amount. That datc IHust be at least 30 days after the date on which the notif.;e i.~ delivered or ll1<1ilcd ((ll11e. (I)) No Waiva ny Note Holder l;ven ii, atlltillle when t arll in Jdilllll, Ihe biole Hoidel' dues not require me tu pay illllllcdiaicly itllull ,is de.\crlbcJ ahnve, the Notl,.' lIolder will still have the right 10 do so if I ,1111 ill dcfilUl1 at a later lime. In "Hymcnl or Noll' lIulder's emts I1ml Expellse_s II lhe N\lle Holder has requircd l11l' lo PilY inlJlleJiately ill lull a.~ de.serihed IlllOve, the Note Holder will have the li~\\\ \\1 \)0.:: plliJ \wcK by nlC lor ,Iil 01 '11.\ costs and expenses in enlllrcing thi.~ Note to the e)l.lent not prohibited hy ;lpplicuhle law. Those expenses include, for example, reasonahle attorneys' fees. 7. (;IVIN<; OF NOTICES lJlllc.\s appli!.:ahlc law req\lire.~ a uillefcnt rnethou. allY llotice that lIIust be given to me under this Note will he !!-ivell hy deliverin!', it or by mailing it hy firsl c]a.~.~ mail 10 IlIe at the l)r\lperty Addrcssaho\'cor M adilkrl:ll\ \\\hhess ii" give the Nole ]lold.er a noti\.c or my dilfen.:llt addJ'e.~s. AllY notice thntlllllst be given 10 the Note Ilolder under this Note will he given hy mailing it by nrst c1as.~ 111ail to Iho.:: Nnlc II nh.lcr 011 the aJdress stated in Section J(A, above or al 11 dilTerent address if I alll given a notice of that different address. MULTISTATE FIXED RATE NOTE-s'".'oF,mily-B,woekly 23730264 PTD 2/87 BANCONSUMER FORM US M.196 (10/85) EXHIBIT A (l3a/O[) 96H'oj sn I"lHO;/ H3VolnSNOJNV8 ',~ . {,II"O Jnll,t:/!AO uN!S] J~,,(lJJOa (jll:;lS), ,.,..,.,....,........"",.,.."...,...,.....",........ I~"'''JOB (Ir,:lS).....,..........................,......,.".....,..,..,. . "'''''''''9 (p!:!S), .J:lMUJJOH UO pUr,Ul:lP J() :;I;)]1Ul! 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Raffensperger Associates, Engineers and Surveyors, dated February 4,1980, as follows, to wit: BEGINNING at a point on the eastern side of Wyorning A venue, said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East, 25.25 feet to a point; thence along the dividing line with property No. 140 Wyoming Avenue, and through the center of a partition wall and beyond, South 79 degrees 40 rninutes West, 184.48 feet to a point on the eastern side of said Wyorning Avenue, North 10 degrees 20 rninutes West, 25.0 feet to a point, the place of BEGINNING. BEING the same premises which Nickolas Bugosh, single man, and Rebecca Ochs, single woman, by their Deed dated October 7, 2003 and to be recorded herewith, granted and conveyed unto Nickolas Bugosh. 142 Wyoming Avenue Enola, P A 17025 , I. i, L.~ l\>...' i..) rJ t'.;l " ..,' '\ D,~ . ~__,.-:,,/...:r- rJ ):.~~~,~,,<~:.,-., , '."< '. .J 1".-",.-- 1",. ,\cT'';,n,!:, _,-. \ 1- -___,.._, EX!iIBIT B BK I 8 4 I PG I 9 2 8 0;7 'x'. } Y 'J,I () ,7-- 'J . I ILl _ ,\ CU~-V+- ;:.- ~~~~T P. ZIEG~ER ... \:~\ :'~ L:: C R 0;: D:: ~ [I ~: 'JEf\LAND COUNTY- ~3 OCT 17 Arl 8 35 [Space Above This line Fo, Recording Data) MORTGAGE THIS MORTGAGE (""Security Instrument") is given on ....o.c:r()Il.E~ }.............. .2.0.03... The mongagor is ..NlCJlQLA.5..lWGQS.1I........ ..................................................... ("Borrower"). This Security Instrument is given to .............................. .... ..~emt.e~s.l.st .Fe.de.ral.Cr~dit .lJIlloP............. .............................................. . which is organized and existing under the laws of ..~h~...U))g.~.d...~.~;>.t.~.s..!:>~...A1n"rJ.~."........ . and whose address is ..................................... ......:............. ... .50(jOlOYI?E J)ltryE..~II:c:H.A.l>i\<;:.S81!.~.G, P~.I7055................................................ (" Lender" '). Borrower owes Lender the principal sum of ::aWENT.Y.. J:llOT,J.SMffi. .HY:1l.. JlJJNl:>.REP.. MP.. .RO.. QllE.. llT,JJmREO.l'IlS .. ............................................... Dollars (U.S. $ .7.a..sQa...o.o........). This debt is evidenced by Borrower's nOle ~:l~~j ~~~ :~~= ::::.~: :::.: :~:.:: S='2'..::-:~:" !:;:':::-":::'.~:-:: ~";.:c::";, ','..~::!; r-:-:::'::2=:': :::- :::::::::!":!~' ~3ymerHS, with the full debt, if not paid earlier. due and payable on ..........S.E.l;'.'l'WER..2.6L2.0. .e................................. . This Security Instrumen< secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums. with interest. advanced under paragraph 7 to protect the security of this Security [nstrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mongage. grant and convey to Lender the following described propeny located in .G\l.M;IlIlRJ"ANP........ ........... ................... ................ County. Pennsylvania: SCHEDULE "A" ATTACHED . which has the address of.. 142vrxO.M.INc;..A'-:l'N.U.E..... [Slrecll ..EN()L.A........ ICiryl Pennsylvania ....E9.?~............ ............ (""Propeny Address"): lZip Cud~! TOGETHER WITH all the improvements now or hereafter erected on the propeny. and all easements. appunenances. and fixtures now or hereafter a pan of the propeny. All replacements and additions shall also be covered by thIS Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Propeny." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has tho nght to mongage. grant and convey the Propeny and that the Property is unencumbered. except for encumbrances of record. Borrower warr3nts and will defend generally the title to the Propeny against all claims and demands. subject to any encumbrances of record. PENNSYLVANIA-Single family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 9190 (p{)~ 1 ul6 pagts) Rev. 8/97 EXHIBIT C SK.I 8 4 I PG I 9 2 2 (r~8rJd 9 10 l ~8rJdJ 06/6 6COt WJO.:l f; 2 6 , ~d I fJ B , XB pue Slunowe 041 Ul pourclUlew oq Ile4< 03ueln<u, <I'l.1. "JUeln<u' >>l!nb" "puO'] 4J'4'" 10) '3UlpODU 10 <poou liu!pnpUI '<p1eTC4 10410 ,(ue pue ..03el0^OJ POPUOI,".. WJOl 041 Ul41'^' popnpu! sPlcZC4 'Ol~ ,(q SSOllsulclie pO,"SUl ,(UodOld 041 uo POI'OlO lOl)C0104 10 liUllS"O "'OU SIUOWO^OldUll 041 d..~ 1[1'4< lo"'OllOg ,.,uelnsul ,(l-1a<!OJd 10 pJezcH 'S 'O'IlOU JO liu!^,li 041 JO s,(.p 01 Ul411'" ",oq. 4uoJ 10< suo!!oe 041 JO "ow 10 ouo O~CI 10 UOlI 041 .\ISII" 1[1'4s lO"'OllOg 'UO!! olJl 3Ul.\lIIUOP' O"IOU e lO"'ollog 'h!i! A'W l'puol 'luown.llsul AI!lnOOS S'41 lOAO Alllopd UiCU' Aew 4014'" UO!! . Oll,o[qns S! AUodold 041 JO llEd AU' 1'41 SOUIWlOlOP lOpUO'] JI 'IUOWl\lISUJ ,(111noos s'41 01 uOII 041 i!uIl'U!P '1Oqns lOpUO'] 01 .uOP')SIl'S Iuow,olil. 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IUOWlUl,ul ,('lJnJQS "41 l'AO ,('"O!,d Ulmle ,(ew 4014h\ SIU'WS~'''' pue son" ,(IJE',( (.) :JoJ t,spun::i..) wns ~ 'lInJ U! p~Ed S! :)loN ~41 I!lUh ';}oN :J41 JJpun l'np :lJI: sluJw,(ed AllPUOW t\~p ;I4l uo J;lpU~ 01 ..{ed 11l!l1s Jjll'lOJJOa 'J~PU~l ,.(q J;ltdENI U~U~J1r\ r 01 JO Nll!'l ~lqeJ!lddr 0) l~Jrqns 'aJuc.lnsuI pUB saxe~ JOj spun~ Z . ;IlON ;)41 J;lpUn ;)np SJZJe4) J1el pue lU;lWACd;lJd hUE pue ;I10f.,! ~41 t\q p~:>UJp~^;1 1QJp ;Ill} UO lSdJdlUl pUt: J~O JEdl.)U~Jd ;;141 onp u'4'" ".d "pdwOJd IfC4' ""'OJ10H 's,llJe4::l aIr, pur luawiedJJd ll.OJOIUI pue ledp~Pd JO IU'":,hCd ,1 'sMolloJ sr "'~r pur ,uru,,,oo JOPUOl pur 1,,,,0110H Sl.,,""3^O) )~llO;INt) , 'l'ISUO':> 01 UOll:>lpsun( ,,(q SUO!lElJE^ ...uJdoJd P:jJ aU\J;lt\o:l lUJwrulSUI ^)un.J;ls ullOJlun r ;nn _ ' . .' . . P;>J/W!i 4Jltr. )jUr:L'';:UIO;J WJDjlun-uou pur ~sn (ruom:u JOj S"lUE'U;)r\~j l~UOnun s;;!U~qwo=, l.N3l\:n'B.LSNl AII1!.:1J3S SIHl for the penods that L:nder requIres. The lnsurance CJrrlt;r providIng the InSUrJnce shJI! be -.:ho::.t:n by Borrower iubJect [0 Lender"s Jpproval whlc~ shall nor be unreasonably withheld. If Burrower fails (0 maintaIn (lJvcrJ~e Jescnbed above, Lender may, at Lender"s opllon. 0blJln 2DVerJge 10 prOtect Lcnder\ rIghts ;n the Propt:rty In J(;:ordJn(~ with pJrJgraph 7 All insurance pollc!es Jnd renewals shall be acceplJble 10 Lender and shall Include a sundard mongJge clause. L~nde:"" shall have the right to hold the poliCIes and renewals. If L~nder requires, Borrower shall promptly ~pve to L::nder Jll receipts of paid premiums and renewal nDuces. [n the event of loss, Borrower shall gIve prompt nollce to the Insurance carner and Lender. Lender may make proof of loss if nOt made promptly by Borrower. Unkss Lc:nder and Borrower orherwlse Jgre~ In wrHtng, insurance proceeds shall be applied to reswr:llion or rep<:Hr of the Property damaged, if the restoration or repaIr IS economlCJlly feaSible JnJ L-=nder.s securuy IS not I~ssened. If the restoration or repair is nO[ economlcJlly feJslble or Lender's security would be lessened, rhr.: Insurance priXeeds shall be applied to the sums secured by this Securiry Instrumem, whether or not then due, with Jny excess paid to Borrower. If Borrower abandons the ProperlY, or does not Jnswc' Within 30 Jays a i1O{Ice from Lender that the Insurance carner has offered to settle J claim, then Lender may collect the i,lsurance proceeds. Lender may use the proceeds to repair or restore the Propeny or to pay sums secured by this Security Inslrument, whether or not then due. The 30-day penod wIll begIn when the notice is given. Unless Lender and Borrower otherwise agree in wriung, JOY application of proceeds [Q principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the paymems. [funder paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from'damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by th,s Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Propeny as Harrower's principal reSIdence wilhin sixty da!,s after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residerice for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall nO{ be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Propeny, allow the Property [Q deteriorate, or commit waste on the Propeny. Borrower shall be in default if any forfeiture action or proceeding. whether civil or criminal. is begun that in Lenders good faith Judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interesL Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination. precludes forfeiture of the Borrowers interest in the Property or other matenal impairment of the Iten created by th,s Security Instrument or Lenders secumy interest. Borrower shall also be in default if Borrower. during the loan application process. gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including. but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants ,nd agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affecl Lenders rights in the Property (such as a proceeding in bankruptcy. probate. for condemnatIon oc forfeiture or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property, Lenders actions may include paying'any sums secured by a lien which has priority ova this Security Instrument, appeJflng In court, paying rea~onable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under rhis paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secuced by thIS Security [nstrumenL Unless Borrower and Lender agree to other terms of payment, these amounts shall beJ.r interest from the date of disbursement at the Nare rate and shall be payable. with interes[, upon nor ice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgJge insurance as a conditIOn of mJking the loan secured by this Securi[y Instrument, Borrower ShOll! pay [he premiums required to maintain the mortgage insurance in effect. If. for any reason. the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay [he premiums required to obtain coverage substanually equivalent to {he mongage insurance previously in dfect. at a cost substantially equivalent to the cost to Borrower of {he mongage insurance previously in effect, from an Jltemate mongage insurer approved by Lender. If substantially equivalenr mongage insurJnce coverage is nor available, Borrower shall pay to Lender eJch month a sum equal to one-twelfth of the ye;lrly mongage insurance premium being paid by Borrower \l,-hen the insurance coverage lapsed or ceJsed to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mongJge insurance. Loss reserve payments mill' no longer be required, at the option of Lender, if mortgage insurJnce co\"erage (in rhe amount :.lnd for the paioJ th:.H Lender requires) provided by an insurer approved hy Lender JgJln becurnes avajlable Form 3039 9/90 Ipi..l.~c' J uf j piJi{I''iJ ::SK 184 I PG 192:4 and lS obtJlned B(1rrnwcr slnJl f'J}' ~l1e premiums required l\) :T1:1lntJIn mongJge lnsurance in ::ffee:. or to prnvlde ;:] lOSS reserve, untll the rC4uirell1ClH for morrg;lge In~urJncc emls in .1(\:nrd:.lnce with ;'.lI1y written Jgrccmer1l between Borrower and L-:nucr or JrrlicJbk la\1,.' 9. InsPfftioll. LCl1tkr I)r liS J!:'!ent rllJY mJkc rC;l.'innabi.: entrlcs UpOll ;Jnd Inspections (Jf [he Propeny l~!'"Idcr ~hJII give Bnrrowcr nn!KC ;11 [h~ time of ,lr prior to an inspection specifYing reJ.son~blc cause for the inspectlon. 111. Condemnation. The pr11o.;ceJ.<; (l( Jny JW;Jru 11r cl.::llril for Jamages. J1r(~t.:: ,)r conscquenllJI. In connC!.,'ilon wllh any condemnJt!on or ulher [3~dng nf <lilY parr or {he Property. or for \,;"onveyancc In lieu of condemnJIIOn, Jre hereby assig.ned and shall be pa,d '0 Lender. In the event of J [owl Wklilg of the ProperTY. the proceeds shall be applied to the sums secured by thiS Security Instrument. whether or not then due. wlfh an:, C.'Less paid to Borrower. In the event of a partial ~aking of {he Property in which the fair market value of the Propeny immt::diately before the taking is equal to or grcater than the amount of the sums secured by this Security Instrument immedlJ.tely before the tJ.king, unless Borrower and Lender otherwise agree in writing. the sums secured by thIS SecurJty Instrument shJ.1l be reduced hy (he Jn101lnl of the proceeds multiplied by the follOWing fraction: (a) the IOlal amount of the sums secured immedia{ely before the taking. divided by rb) the fair market value of the Propeny immediately before {he takIng_ Any balance shall be paid {O Borrower. In rhe -=....Cnt of a partial takJng of {he Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im. mediately before the taking. unless Borrower and lender otherwise agree in writing or unless applicable law otherwise pro. vides. the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. II the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after [he date the notice is given. Lender is authorized to collect and apply the proceeds. at its option. either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not e.'tend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. II. norro"".er Not Released: Forbearance By Lender ~ot a Waiver. E:r;tension of the time for payment or modification of amortization of the sums secured by this Security Instrumem granted by lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the .sums secured by this Security Instrument by reason of any demand made by {he original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. n. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrumenr but does not execute the Note~ (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees thJt Lender and any other Borrower may agree to extend. modify. forbear or make any accommudations with regard to the terms of this Security Instrument or the Nore without that Borrowc.r's consent. _. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets ma,imum loan charges. anJ that law is finally interpreted so rhat the interest or otlu:r loan charges collected or to be collected in connection with the loan ",ceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which e,ceeded permitted limits will be refunded to Borrower. L~ndcr may choose to make this refund by reducing the principal owed under the NOle or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment without any prepayment charge under the NOle. 14. Nutices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by lIli.liling it by first class milil unless applicable law requires use of Jnothcr method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to lender shall bl:: given by first class mail to Lender's address .stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Sc:curity Instrum'.:nt shJII be deemed (0 ha\'e bec:n given to Barrov,/er or Lender when given JS provided in this paragraph. 15. Governing Law; Severability. This Security Instrumen! shall be governed by federal law and the law of the jurisdiction in which !he Propcny is InCHed. In the event that any provision or clJuse of lhis Security Instrument or the SOle connicls with applicJblc law. such Clllltlld shall nOl :.1ffCCI i1thcr prml"itJns Ilf this Security [nstrumem or the ,'iole Whl~h can be given effect without the conOicting provision. Tn [hIS enli [he pwvislons of thiS Security fnstrumt:m and the ~ote are declared to be severable. 16, Borrower's Copy, Bnrr()wcr shJl1 be givt:n one conCormed copy of [h~ ~0(e and llf Ihls St:curity Instrument. Form 3039 91:10 (po u J of 0 pl1~W BK I 84 I PG I 925 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Propeny o( any interest in it is sold or trJnsferred {or If J bend"iclJ.l int~rest in Borrower IS sold or transferred Jnl.l Borrower IS nOI a natural person, wlthour u:nder.s, prwr wnnen cunsent, Lender may, Jt Its option. require immediate payment in full of JIl sums secured by thiS Secumy Instrument. However, thiS option shall not be exercis~J by Leoda If e;~erClse IS prohlblled by t"eJeri.L1 law as of the date of this Security Instrument. If Lender exercises [hiS option, Lender shall give Borrower notice of accekra[ion. The oouce shall provide a period of not less than 30 days from the dare the oOlice is delivered or mailed within which Borrower must pay all sums secured by this Security InslrumeOl. If Borrower fails to pay these sums pnor to thl:: ~xpiration of this period. L~nder may jnvok~ any remedies permitted by thl~ Secunty Instrument without Nnher notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets cemin conditions, Borrower shall have the right to have enforcement of this Security Instrumenr discontinued at any time prior to the earlier of: (a) 5 days (or such other pertod as applicable law may speCify for reinstatement) before sale of the Propeny pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment ~nforcing this Security Instrument. Those conditions are that Borrower: (a) p<;iys L:nder all sums which [hen would be due under this Security fnstrument and [he Nore as if no acceleration had occurred; (b) cures any default of any other covenants or agreemenrs; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nor limited to, reasonab;e Juorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the tien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the s;ums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security In- strument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. th,s right to reinstate shall nOI apply in the case of accderation under paragraph !7. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this SecurilY Instrument) may be sold one or more times wnhout prior notice [Q Borrower. A sale may result in J ..:hange in the entHy (known as the "Loan Servicer") that collects monthly payments due under the Note and th,s Security Instrument. Theee also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will slate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any olher information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence. use. disposal. storage. or release of any Hazardous Substances on o( to the Property. Borrower shall not do. nor allow anyone dse to do. anythtog affectlng the Property that is in yiolation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Propeny of small quanmies of Hazardous Substances that are generally recogmzed to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give lender written notice of any investigation. claim, demand, lawsuit or orher action by any governmental or regulatory agency or private party inyolying the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any goyernmental or regulatory authori[y, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazJrdous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or [Oxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20. ':Environmental Law" means federal laws and laws of the jurisdiction where the Propeny is located that relate to health. safety or environmental protection. NOO.UNIFORM COVENANTS. Borrower and Lender funher covenant and agree as follows: 21. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law pro,ides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, forclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender sh;1I be entitled to collect all expenses incurred i~ pursuing the remedie~ provided in this paragraph 21, induding, but not limited to, aUorne)'s' fees ,.lOd costs of title eyidenct to the e.''l:tent permitted by applicable la w. Form 3039 9190 !f'U.5~ 5 U/.; pag.:;,} BK I 8 4 I PG I 9 2 6 I, 22. Release. Upon payment of all sums secuced by this SecurllY lnmument. thIS Security Instrument and the estlte conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satISfy this Security Instrument without charge 10 Bormwer. Borrower shall pay any recordation costs. 23. Waivers. Borrower. to the e;(tent pennicted by applicable law. waives and releases any error or defects in pro- ceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of e:'l:ecurion. extension of rime. exemption from 3nachmem. levy and sale. and homestead exemption. 24. Reinstatement Period. Borrower's'time 10 reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property. this Security In,trument shall be a purchase money mortgage. 26. Interest Rate Aner Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o o o o Other(s) [specify] Adjustable Rate Rider Graduated Payment Rider Balloon Rider o o o Planned Unit Development Rider Condominium Rider o 1-4 Family Rider o o Biweekly Paymenc Rider Second Home Rider . Rate Improvement Rider BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ....... .. :.........................................................,(Seal) NICHO AS BUGOSH -Borrower ~........................................... ......................................................................(Seal) -Borrower Social Security Number.................. [Spaee Selow T1111 Une Far ACknowledgmentl COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY ss: On this, the 7TH day of OCTOBER undersigned om~cr, personally appeared NICHOLAS BUGOSH known to me (or salisf.lclor;!y proven) 10 be the person(s) whose name(s) subscribcd 10 the within instrument and acknowledged that HE purposes herein contained. 2003 , before me, a notary public the IS executed the same for the In Witness Whereof, 1 hereunto set by hand and omcial seal. My Commission expires: {Ja4~ 1M. ~. No/arial Seal Oi~ne M. Smith, Notary Public Mechanlcsburg Boro, ' ~ My Commission Expires June 22, 2004 Title of Omcer Farm JOJ9 9190 (pag~ 6 of 6 paf~s) BK I 8 4 I PG I 9 2 7 January 3, 2005 CERTIFIED MAIL NO. 70033110000024704246 RETURN RECEIPT REQUESTED RE: Nickolas Bugosh Mortgage Account # 208598 Loan # 01 Mortgage Premises: 142 Wyoming Avenue, Enola, PA 17025-2428 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members 1st Federal Credit Union, (hereinafter we, us or ours) on your property located at 142 Wyoming Avenue, Enola, PA 17025-2428, is in serious default because you have not made the Bi-Weekly payments of$34.77 for October 27, $278.51 for November 10, $278.51 for November 24, $278.51 December 8, and $278.51 for December 22, 2004. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,148.81. You mav cure this default within THIRTY (30) DAYS of the date ofthis letter, bv paving to us the above amount of$l, 148.81 plus any additional Bi-Weeklypayments and late charges which mav fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, P A 17055, Attention: Arlanda Dintaman. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in Bi- Weekly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose vour mortgaged property. If the mortgage is foreclosed, your mortgaged propertv will be sold by the sheriff to payoff the mortgage debt. Ifwe refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifvou cure the default within the thirty day period, vou will not be required to pav attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirtv dav period and foreclosure proceedings have begun. YOU have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs foreclosure sale. You may do so bv paving the total amount of the unpaid Bi- Weekly payments plus anv late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform anv other requirements under the mortgage ). It is estimated that the earliest date that such a Sheriffs sale could be held would be EXHIBIT D approximately NINETY (90) DAYS from the date of this letter. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payments will be by calling us at the following number (717) 795-6031. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HA VB THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If vou cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, ?lb~.4 g;.t;.:..~ Arlanda Dintaman Collections Officer IMPORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAYBE EUGffiLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS January 3, 2005 TO: FROM: RE: Nickolas Bugosh Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, P A 17055 Account # 208598 Loan # 01 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,148.81. That sum includes the following: $34.77 due for October 27, $278.51 due for November 10, $278.51 due for November 24, $278.51 due for December 8, and $278.51 due for December 22, 2004. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Arlanda Dintaman, Members 1st Federal Credit Union 5000 J.ouise Drive Mechanicsburg, PA 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: CCCS of West em PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 EXHIBIT E It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the consumer credit counseling agency listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect". The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 211 North Front Street, P. O. Box 15530, Harrisburg, PA 17105-8029. Telephone No. (717) 780-3940 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sincerely, c:lJ~ :tr;i;-~ Arlanda Dintaman Collections Officer 2 .... ~\ 3110 0000 ~ (003 .\ trt......Z ~ "'1' ~ ) .l>o ~. \~ $% .,. ~"''* .. .. ~%. %3 ~ ,..,. ......::;:, 0 \ " ;0.'" ..,\ '" ...... ;~ :P~ .. . -< '" ~ 0 ~ ...\ '"tl 0 '" ~~ ~~ , '.. "l'So:l .. fC~ .. ...... (:\ .. 00 $ ~ \)\ ....~ ~ ~ .e,al '" ......::loa ..,. t\" -.l(jQ 0 () 0';1>:'& 0 -., '., t;',<. ~ ~\ W" "', .l>o~ B ,.. I'" " CO ~ . :. \; W , . ::::: ~ O ~~. N9:- ",coY :2,9- Q) 0000 -a (fl ,=,=,~~ ~ OJ c:.OO.....tf) ~. C ~.-l.(fln'\c. ? to ~~g~; cO 0 r-r-:t:.-l.O ~ fi) ~2:=:.~;; .r.. ":J' ~f"'\Cc:l'Z. ~ O"';~...-I (tl ~~~~'JlI :J ~~';".:'a ~ z. -z,::p ~v ~~~~~ d~~:;e(fl 0':\ '" ~. o ... '" '" '" - - ~ - - ~~~ - ::- =- ~ EYSCLBIT f ~J' 1;- 9.: (", '6 ~ - ; b -' ,.. (', ::;, 'J, 1 V rt S. V ~ ';1. "0"" " ':' ';j ':"C :=' ~ ~ \;wI -0: 1: c ; ~ ~. ~ ....~ ...l :::; J' J' C C "" C "S'? ~~ ~~ \% C~ ~'!""\ ~~ ~ "" o o uJ uJ c-' c-' - o o o o o (\J ..c: "" o ..c: (\J ..c: " -- - -- -- ~~,~ -- -- - ~~ ~.,;;:~.,,~;t~ C:s, t...... j ....'" 4It'o: ' '=--;_. ~: i1# ~.;;) - III .>- a-- "" \II \ G '!' ." o .. .. " " '" ........,.. VERIFlCATlON I, Lynn Unger, Collections Officer for Mem"ers 1" Federal Credit Union, being llIithorized to do 30 on behalf of Members 1 ,t Federal Credit Union. hereby verify that the statements made in the foregoing pleading are truc and correct to the best of my information knowledge and "elief I under~tand tn"! 1',,1<,-, <tllrements are made subject to the penalties or 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. Members I" Federal Credit Union AJ Q -CQ fl t=L U( ~ '- -- ,-') " (f) n & ..a D .c.-n >v -", . G ... \1 ~-;' "\J p:! f'~ ~ (,.: ( o.-J:... f'-, SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOLAS AKA NICHOLAS BUGOSH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 1493 ENGLISH DRIVE MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 16.28 5.00 10.00 .37 49.65 County KARL LEDEBOHM 06/13/2005 Sworn and subscribed to before me this , ,Iv 1.\ -- . day of l }J~ -lc>"O> A.D. (l.~ tJ !h.JPh) A ~ ptS~honotary ~/-/ MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-02458 Civil Term NICKOLAS BUGOSH alkla NICHOLAS BUGOSH DEFENDANT CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary Please reinstate the complaint filed in the above captioned matter. Date: June 27, 2005 Respecl~ submitte ~ ......- rl M edel>ohm, sq. upreme Court ID #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff 8 ....., 0 = <= -n <- en -oi:r.\ Co... ~:!l fT1t~., c:: Z::r:~ :z ZC" I'.) ~.~ ~~ ~~~ ..0 ~" ~c.; "'c -0 Q:d :2:0 ::J: z~ :Pc: r:-? 0 ~ N ~ ..0 -< RECEIVED JUN 272005 (Y""' to ~ KENNETH BARRY QUEEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-2509 CIVIL TERM LINDSAY ELIZABETH BAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this z...' r day of 1.1- ,2005, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The Father, Kenneth Barry Queen, and the Mother, Lindsay Elizabeth Baker, shall have shared legal custody of Cooper Landen Baker, born September 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his heaIth, education and religion. 2. Mother shall have primary physical custody ofthe Child. 3. Father shall have periods of phased-in supervised visitation as follows: A. Phase J. 1. Beginning July 8, 2005, one evening per week provided he give Mother one week advance notice of said day from 7:00 p.m. to 8:30 p.m. 2. Every Saturday from 9:00 a.m. to 10:30 a.m. B. Phase II. Once Father has had eight (8) visits in Phase [, the times shall be extended to two hours each visit, that is, the week day visit shall be from 6:30 p.m. to 8:30 p.m. and the Saturday visit shall be from 9:00 a.m. to 11 :00 a.m. Father must continue to give Mother one week notice of the week day visit. 4. Neither parent will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, or iJ1jure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. This provision is to be strictly enforced by the parents. VIl\IV^lASNN3d AlNnCO ("',;\('11381/11:10 Zl-J :6 Wit 6, Nnr SOOZ Ab'if.lONOHlOl:id 3H1 :lO 30H-Jo-G31I:l 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for September 1,2005 at 9:30 a.m. BY THE COURT, ( /Ibk J. cc: Jessica Diamondstone, Esquire, Mid Penn Le I Services, Counsel for Father )u,...,w ~ Kristopher T. Smull, Esquire, Counsel for Mother - -, .- t.,2'Jo_o~ 0-, RECEIVED JUN 272005 rt' I); KENNETH BARRY QUEEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-2509 CIVIL TERM LINDSAY ELIZABETH BAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper Landen Baker September 17, 2004 Mother 2. A Conciliation Conference was held in this matter on June 27, 2005, with the following individuals in attendance: The Father, Kenneth Barry Queen, with his counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and the Mother, Lindsay Elizabeth Baker, with her counsel, Kristopher T. Smull, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ~ -? 7--o5~ Date Qd . d. ~ tt. V~7' ~erney, Esquire Custody Conciliator MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COlJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NO.: 05-02458 Civil Term NICKOLAS BUGOSH alkla NICHOLAS BUGOSH DEFENDANT CIVIL ACTION-LAW . MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary: Please reinstate the complaint filed in the above captioned matter. Date: August 1,2005 ,-.;' c;;:;> ::f,i; . -:'~"'" C) I c"'.J -n _.j'. (,,') f') '"'" SHERIFF'S RETURN - REGULAR CASE NO: 2005-02458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMPLAINT & NO was served upon BUGOSH NICKOLAS AKA NICHOLAS BUGOSH the DEFENDANT , at 1100:00 HOURS, on the 19th day of July , 2005 at 4806 VIRGINIA ROAD MECHANICSBURG, PA 17055 by handing to EDWINA COTSAPAS ADULT IN CHARGE a true and attested copy of REINSTATED COMPLAINT & NO together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 .00 38.40 So Answers: <~-., ~ R. Thomas Kline 07/20/2005 KARL LEDEBOHM Sworn and Subscribed to before By: 44f tv me this :U, - day of Oq "00'/ IJ:~t~n~:j:J' ). ~' A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOLAS AKA NICHOLAS BUGOSH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 142 WYOMING AVENUE ENOLA, PA 17025 DEFENDANT MOVED ABOUT A YEAR AGO FROM LISTED ADDRESS PER NEIGHBOR. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 12.00 5.00 10.00 .00 45.00 ~~,",~_/71 R. Thomas Kline Sheriff of Cumberland County KARL LEDBOHM 08/17/2005 Sworn and subscribed to before me this ~Rt> day of )M~ 0'>,5 A D~ ProthQ~arY MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF /PETITIONER Vs. NICKOLAS BUGOSH alk!a NICHOLAS BUGOSH NO.: 05-02458 Civil Term DEFENDANT/RESPONDENT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE PETITION FOR ALTERNATE SERVICE PURSUANT TO RULE OF CIVIL PROCEDURE 431! AND NOW, comes your Petitioner Members 1st Federal Credit Union ("Petitioner"), by and through its attorney, Karl M. Ledebohm, Esq., and respectfully avers the following in support of the Petition for Publication: 1. Petitioner is Members First Federal Credit Union, a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, P A 17055. 2. Defendant is Nickolas Bugosh NKI A Nicholas Bugosh whose last know address is 4806 Virginia Road, Mechanicsburg, PA 17055. 3. On or about May 12,2005, Petitioner filed a complaint in mortgage foreclosure to the above captioned matter with regards to the property at 142 Wyoming Avenue, Enola, P A 17025 (the "Property"). 4. R. Thomas Kline, Sheriff for Cumberland County, made a return of service dated June 13,2005 which indicated that the Sheriff had obtained a forwarding address from the US Postal Service for Defendant at 1493 English Drive, Mechanicsburg, PA 17055 and, despite numerous attempts having been made to serve the Defendant at the above address, Defendant could not be found at that address. A copy of the Sheriff's return and corresponding request for forwarding address for Defendant are attached hereto as exhibit" A" and made part hereof 5. Petitioner re-instated the Complaint filed in this matter and the Sheriff made a return of service of the Complaint upon the Defendant on or about July 19,2005 at 4806 Virginia Road, Mechanicsburg, P A 17055 pursuant to change of address received from the US Postal Service for Defendant A copy of the Sheriffs return and corresponding request for forwarding address for Defendant are attached hereto as exhibit "B" and made part hereof 6. The Sheriff attempted to serve the Complaint upon the occupants of the Property and made a return of service dated August 17, 2005 which indicated that the Defendant had moved from the Property approximately one year prior. A copy of the Sheriffs return is attaehed hereto as exhibit "C" and made part hereof 7. On or about August 11,2005, Petitioner, through its attorney Karl M. Ledebohm, Esq, sent via regular mail, postage prepaid, the Important Notice required under Rule of Civil Procedure 2371 (the "Important Notice") addressed to Defendant at all three of the above addresses. A copy of the Important Notice and corresponding certificates of mailing are attached hereto as exhibit "D" and made part hereof 8. All of the Important Notices were returned as either "not deliverable as addressed" or "moved left no address unable to forward" A copy of the returned envelopes is attached hereto as exhibit "E" and made pan hereof 9. Petitioner was informed by the US Postal Service that it is no longer possible for a private party to request a forwarding address without a court order 10. As set forth in the affidavit of Gregory D. Fuller, Collections Manager for Members 1st, the original of which is attached hereto as exhibit "F" and made part hereof, Petitioner employed Roquemore & Roquemore, a "skip-tracing" firm, to locate the Defendant and after considerable investigation Petitioner has been unable to locate Defendant for service. WHEREFORE, the Petitioner respectfully reqU(~sts this Honorable Court to enter an Order permitting service by posting the Property and advertising one time in the Cumberland Law Journal and in one newspaper of gen,eral circulation in Cumberland County the Important Notice, under Pa. R.C.P. 237.1, Notice of Judgment, Writ of Execution, Notice pursuant to Pa. R.C.P. 3129.2, and Notice of Sheriffs Sale and Legal Description and all subsequent or additional documents pertaining to the foreclosure action filed to the above captioned matter, execution on any judgment entered in connection therewith and sale of the Property. Date: !a.,}-U) Respectfully submitted, ~.:A ~M. Lede hm, sq. ~~eme Court ID #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Petitioner .----... brtbiUt t' b KIHUI<N -. NUT YUUNU CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOLAS AKA NICHOLAS BUGOSH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 1493 ENGLISH DRIVE MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 16.28 5.00 10.00 .37 49.65 So answerS' /:/::::-~~"_~<'-'~;:7 ""~ .._~:"---.......,..'- ~.. ~. ;~:Tne Sheriff of Cunberland County KARL LEDEBOHM 06/13/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT "A" \,\\.12 at Q[ Umbel'!) ~~~ ~It<l R. THOMAS KLINE Sheriff RONNY R ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor JODY S. SMITH Real Estate Deputy OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 170-13 ("\ e. (J, . Agency Control No. Date: ? ! ? 10\ To: Postmaster Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently b"ing delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Name: B.IA~ tI ,r it' 6/0. ( Last Known Address: liP, P-"njl)Sh bf~ I certify the address information for this individual is required for the performance of this agenc 's 0 lici (Title) FOR POST OFFICE USE ONLY (~IL IS DELIVERED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GIVEN NEW ADDRESS () MOVED, LEFT NO FOW ARDING ADDRESS () NO SUCH ADDRESS () OTHER (SPECIFY): BOXHOLDERS' STREET ADDRESS Agency Return Address Postmark) Date Stamp Address Information Request (Required Format) Exbibit 352.44b wn.I:d't.lrr . u l\...t:J;'Ul\.l.\J - I\...t:JIJUl.JJ-i.r\. . CASE NO: 2005-02458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMPLAINT & NO was served upon BUGOSH NICKOLAS AKA NICHOLAS BUGOSH the DEFENDANT at 1100:00 HOURS, on the 19th day of July at 4806 VIRGINIA ROAD 2005 MECHANICSBURG, PA 17055 by handing to EDWINA COTSAPAS ADULT IN CHARGE a true and attested copy of REINSTATED COVPLAINT & NO together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 .00 38.40 So Answers: <~-r ~ R. Thomas Kline 07/20/2005 KARL LEDEBOHIVl Sworn and Subscribed to before By: ~~I ( D pur rf me this day of A.D. Prothonotary EXHIBIT "B" JUl. n 100' n:ObAM cumberland cO. ~herll1 ~\~ ot (:,lll1l(]el'i "'~~ ot-....q No WI 1. 1. , R. THOMAS KUNE Shorllf RONNY R. ANDERSON Chiof Depllly JODY S. SMIT~ Real Estlllo Otpllly EDWARD L. SCHDRPP Sojicitor OFFICE OF THE SHERIFF One Courthouse SquarE' Carlisle, Pennsylvania 170'13 . ,;)'/(.) ~ '" ~ '72> To: Postmaster jA1t- c..~1/1 /'J lC.S ~4O- Agency Control No. Date: 71l~r / Address lDformalion Request Please furnish this agency with tb< new address, jf available, for tb< Eonowing individual or verify whether tb< address given below is one at whill.b mail for 1l1is individual is curreotly beina delivered. If the followina address i$ a post office box, please furnish the street address as recorded on the boxholder's application form. Name: ;1h~ k;!,f 7Juf".r /I _ Last Known Addrtss: /"11 j e/V ,If -L.])r-/ )t?1~~ I cOTtify the addres. infonnation for this individualls required for the perf< . ? (8 of Age cw) _~L (TIde) :.:7 FOR POST OFFlCE USE ONlS <. () MAlI, IS DllLMllt.ED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GIVEN () MOVED, LEFT NO FOW ARDING ADDRESS () NO SUCH ADDRESS () OTHER (SPECIFY): /~.. I NEW ADDRESS.." -1-~'b'~h~, "','It ~ . ~ eJ,..yr.l(",-~t.."">'Z-j fl4- n "".0 aOXHOLOF.RS' STREET ADDRESS Agency ~tum Address Address Information Request (Required FOl'lllllt) ExI1ibit 352.44b SHERIFF'S RETURN .. NOT FOUND CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOh~S AKA NICHOLAS BUGOSH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 142 WYOMING AVENUE ENOLA, PA 17025 DEFENDANT MOVED ABOUT A YEAR AGO FROM LISTED ADDRESS PER NEIGHBOR. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 12.00 5.00 10.00 .00 45.00 ~ R. Thomas Kline Sheriff of Cumberland County KARL LEDBOHM 08/17/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT nen MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAlNTlFF Vs. NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO. 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE IMPORTANT NOTICE TO Nickolas Bugosh alkla Nicholas Bugosh 1493 English Drive Mechanicsburg, P A 17055 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, P A 17055 Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, PAl 7025 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICA TION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INI10RMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAlNST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP EXHIBIT '''D" Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3 166 or (800)990-9108 August II, 2005 '" Q. W . '" !a "' ~ ~ c gjc>iX!R :i-- Q.~!"'- '" ,...- '0. - ~ ~ :> ~ N c:J. C"l~ d i:B~ '" ) -',:1 / )//"1 :0\ pil'SSaJppe uew NSU!PlQ,O ~Id QUO 'i~\ .~ h '" '" '" '" '" ""'...................~~ __..,_.,_." ___ .JIAOCld 1\fNOI1.VN~31NI ON'V :)J1S3V110Q ~O:J Q3Sn 38 A\fl"j \ \ \ ~~""'''I'' "! """'4 Gal X!J.I\f 3:l'^,J3S 1V1SOd 's'n U .5. POSTAL SERVICE CERTIFIC !l"O,,-II!A1I,.JNG MAY BE useD FOR DOMESTIC AND lNTERNA TIO r;: MAIL. DOES NO'T PR~V= ."" ,,,,-"'''''''''>_POSTMASTER r:ii (~ ~> Karl M, Ledebohm., Esql{.~~, <"j PO. Box 173 \;,,"" ",/ New Cumberland, P A 17070%173" '" '" '" '" ~\'IJ ~~ .' ~~ ^Onj. Pli..Of",Orl~~ ma\~ addressed to '~~O\h (kkLL f~qr;6~qJ [<;1\ Dr, cJ-.o...q" ~ Ci b.....t' PS Form 3817, January 2001 N :Chc\As '" ~i::R- ~c:J ~t.c ~c:J '" if; >:: C ~ " v, ! -~~. ::~::R""'""1J -I" ~~f&!o~ 5\ ~ ~ ~ rlv!T6- U.S, POSTAL SERV'CE CERTIFICATE OF G MAY BE USED FOR DOMEsnc AND INTERNATIONAL M ~~~I::f:'~"> PROVIDE FOR INSURANCE-POSTMASTER ~ r ..- ........(). \. R '" '" '" '" ~!, :;tl ~~ as z '" ~ ~g j" ~ -- ". --.J '" :-~ o~ -/.oF2 tn '" ;0) .... <J1 ~ i!\ . m " '" ( ..., r--. ~ o . o r--. o r--. 0" ~ VI w if. E -0 .c c: o '" .0...,- 11.)!'-- Q5 ~~.c ...JxE .0 ::l ~alU 1:cj;: '" ,'" :>::a.Z EXHIBIT "E" Q W .. '" ", ....0: wCO ~ZWQ V-l 3::= <.0 L.UcV,l;l)a:: gz_<;; c::':: a: 1.I.I;;iJ> Clq;~cc:g; .....z:Eccu.. 55o=:lf5o -wZ>1- OJ-'::r-W Li:.Q..uuj..... ~~~Q~ co ~~ t-Z ~ ~ ~~~ ~~.f<:(uCJ) g, &~, 0 :J:Jo CO ::0 '0, (j t/) l/) C .- .!!!.!!!wfij OO(').c "".c01() ~g "'" (l) :22"<""" ~ ( '. .....i- ~ .~ <oi ~ ---: ~ - :::: . i:': ,~ :i :~ - -- . .- ~:::' J.. '.(....! 1,:)0 1"'. 1,':0 J.y.... .(:~) l'lO') '1'''':::' 1 ('1 1"" .,..1 C) \ C' r... C) "'" .,"l o ... '" '" ... ....'" ....0 z....o :3a:G:Q LUOt;ch~ O::z .. C1:.::i:C.....:I c,1-l.U....CC Co a:lI a:lc;t ro I-z:E:~ ~ Ze.:;:;)U.lO ..x ~LUZ==-I- - 1: (.)I-:c::iLU ro a; u:o..~u.l~ ~ ~ C u..:E::.Q,C ........ -'- ::tLU 0.... z: en en ct ;t::Q( g, g, (\ -..Z . :;J :;J'C 000 mm.C th V> '- c:( U tJ) (1](1]'0 9~~ . UU~_ ZZ~::a: ::::d/-. --~ '" ,.... ~ o 6 ,.... o ,.... g ~ uJ a. ~ -c o &i .0(")1:: "',.... '" ~~~ .0'" :;COLl "t:O~ '" . '" :.::a.z - ~ .- ~ - - ~ - 1 3 "1 - :i -j; :: - :: := -: ~ (:) I" ..... o '" (:i r'" f'i:) {I" .,..,.01 I (1) r'., ...~ C) I 1:::1 r... c' 1'." ( , ..,,1 tT '" uJ E ci L: c: o '" .cM"t: "',.... '" -g~..Q ...JxE .0'" :;COLl "t:O~ '" . '" :.::o..z ~i , .. \ 1.\ 10 o " IT1 ..; " ol) o " <I) ..; .,., 1U0 lOa: ({a:({ OIU 0":1U 1110 030 ..;2 o:a:2 IU OIU ..;<1) 0..<1) IT1 2 00 00 1T1;- ;-;-;- 10 <I).. 1112O:lUlUZ oa:...J...J...J({ ":JO 1ll:J ..;;->(Q<(;- IUOIUZIU a:H>:Ja: 20 111 -.t :t I .... \n o 0 Cl Cl :J :J OJ III (1] (J) x :;J - c (1] (J) .s:::.s:::;: l/ll/l..... g,g,0l,- :;J :;J .S; ,... mmE<( l/ll/lOa. ~(1]~ _ 00> (II "><-C('olO .S! .S! "<t C ZZ,...LJ..I ~, l'- ~- e. el ,.... a ,.... ~. <( a. MEMBERS 1ST FEDERAL CREDITVNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAlNTIFF/PETITI01\'ER Vs. NICKOLASBUGOSH~a NICHOLAS BUGOSH NO.: 05-024.58 Civil Term DEFENDANT/RESPONDENT : CIVlL ACTION.LA W : MORTGAGE FORECLOSURE AFFIDAVIT I, Gregory D, Fuller, Collections Manager fur Members First Federal Credit Union ("Petitioner"), do hereby report the following information in support of my Petition for Publication: I. The only addresses which Petitioner possesses with regards to the Defendant are thOse as set forth in the Petition For Alternate Service Pur~nt to Rule of Civil Procedute430 ("Petition for AIternRte Service") immediatc;ly proceeding. this AffiQavit. The Petition for Alternate SelVice is in(;orporated herein by reference as if set forth herein in full. 2. On Or about September 28, 2005, Petitioner, through its attorney, Karl M. Ledebohm, Esq., contacted directory assistance fur both, Enola, Pennsylvania and Mechanicsburg. Pennsylvania and was informed that no listings exist for Defendant. 3. Petitioner referred this matter to Roquemore & Roquemore, Inc., a skip tracing firm to locate the whereabouts of Defendant. 4, On or about September 27, 2005, Petitioner received a Status Report from Roquen>orc & Roquemore, Inc., it copy of which :is attached hereto as exhibit "1" and mllde part hereof, which details the efforts made to locate the Defendant, without success. 5. On or about September 28, 2005, Petitioner, through its attorney, Karl M Ledebohm, contacted the cen phone number set :fbrth in the attached report from Roquemore & Roquemore, Inc., and received a computerized message which indicated that the voice mail for this number has !lot yet been established. 6. On Or about September 28, 200S, Petitioner, through its attorney, Karl M Ledebohm, contacted G. Patrick O'Connor, Esq., Defendant's legal council in a prior bankruptCY proceeding and confirmed that G. Patrick O'Connor does not represent Defendant with regards to the instant forecloSW'e action, that he has had nopontactwith his c1ientsince ApriH; 2005 and that he 1ioesnothave any additional contact informatiOll for Defendant not ,itlready in the possession of Petitioner. EXHIBIT "F" 7. A. of th~ dat~ hereof, Petitioner has not received any infonnlltion concerning the whereabOuts of Defendant from Roquemore & Roquemore, Inc., or any other source. 8. As set forth in the return of service by the Cumberland County Sheriffs Office dated August 17, 2005, a copy of'which is attached to the Petition for Alternate Service 8Jl exhibit "C" and made part thereof and hereof by reference, the Sheriff made inquired with the neighbors of the mortgaged property and was informed that Defendant moved approximately one year ago from the mortgaged property. 9. For the reasons set forth herein and in the Petition for Alternate Service, Petitioner has reason to believe that Defendant has left the area. Respectfully submitted, Date: ~v~ /.gOry D. Fuller Collections Manager for Members First Federal Credit Union Sworn and subscribed to before me, a Notary Public, this 3 0 day of September, 2005. J:ldOOA'f'7 ~~ ,-<N ot8IY) My commission expires: COM!"ONWEALTH OF PENNSYLVANIA . NclaIfaI Seal Iaod8an M. WOItei. NoIary Public Lowec Allen T..".. CunbeI1end County My CorM1IooIOO Exp!1llS Apr. 19. 2009 Member. Pennsyfvanla ASSOCIation of Notaries SEP-27-05 06:04 PM MEMBER$lST Feu INS. DEPT 7177955178 ~~03 ''I'' I R~ .. ~ tHe 1'<<),'7. P,l!:1'3 . 'i~ ' . ~rj: ;: ' I .Cllent Mll'ntllll1etFOU I J~OQl1EMORE& /tiff. 00Cl02llIS1, ROQU!!MORE,lNc. ~~ =luph 1 OclI~r' _ FUlllr o.tII: tJ2712001 ",. -- J Statue Report w. h_ rull_ ~r ..lgnm.nl an the .bove GQIIoned llAIjlIat.nd hIVe opllllld a .klP lrlIQlIn 001_1111 Ioadon ~ Wff1lnatru~ /II ,.,.....11II ~ aou,Ml on IlQIlI. TIlle fntefflll report II pI'll'IIcIltll 1111I" ami " !IolI_ lilt flow 01 tnfllll!1lllOn, llMl._,*, InveetIQa\or II DtnnIt Hclcomb. lII.klp Pro_ 0 Hot ...... 0 OUt"', Repo I W. IJIlIIIIlVIln tile akJp 11M : I"'"""" auJ II'IVIIIadYI etrorli ' IlIW ...nhd a n tmrn lIlIlIIlallll iaaIfkIn p""*,, II'lcln La. WI"'~ naPlt IaIIII our '-dI an4 ... 11I/8* Y\l1K ;:,~==:: ,! 1I!O\IIe =::CI:t=COlII_. II1ltto::c::.rfllr fallalltng IOUlllII: i ''''I1IIlvII n ""1\01I I w.." In III proceu or~nD I "Cl1Idtl~ ftIlOIII I lhlltlnformdm. 'P\I* n~*CIItI . '.. rItN 11I8IlCIM ~..... "81*l1i1 GIloM lIWutIglllon 'Cf=~U."" 'fI _-.. I "OoJlIId II DllIl... DMal1lllInt'lHmllUDn: ~,..lODOllJ1twtllllt prco....c11!l1Dug1l OIllIlCplll8llIllla .. fo ~ n_ lIIat. P~. 1\11 burNulo_ for lrIlIu. "'1101...11\1ft1d trw 1rIoI.-rlI __ "a II the .Ivtn. WOr\dna ill. ntla*" for .... 1I1/11IJ...PUIIId fIN NIlOIt found a new ..,..In .nolI,pI Will fonllW ~ 1I ooPlllrm IfltiMlII. lIOIIllldd,... 111010I RIClIMaD'" CAl.L FROM nil m'llK (M8!Oo.\! AND IHIITATIO THAT'" HMN't HEARD PflOM THI DT/t IN AleUT '1WO MONTHS BUT TI1I8I8 HIS CIWI 7171111233, &HI AUIO ITATIO ~T TI1IOT1t MAV .. 'TAVlNG WITH H18 FAlliND IJRVAH (NO LJo8T NAM!). IAID~' WILL cw.&. HIR MO'nI!I\ AND Ie II" It1E! RIMEMBERS ""'ANI LAI1 NAMI! ANn lW.L Nil! ....OK 9/21100 CALJ.I!D M llTI"8QlWO.1OTHIiR ClLADYlIUQOIH AND It'll!! .TATIO TMATTHI DTR con NOT ITAYTHIiFUiAND TliAT ALL 1MB CAN 1)0 II Tl'Y TO tll!T A MI!88ACM! TO HIM THROUGH PAMlL V MlllleeR" LI" MV'" =:;JI~Jr'~:'::Ee~~H=ci~OI.A8~=.t~J=:.t~HED 8!\I!1t4L ADM!Ie'e IlJT HAW R!N UNAIlU! TO LOCATE THII DlJT'O". WE HAY! CHI!CIC!D THE DI!!ITO!l" .....T1V11 H)ORl8I AT 11431 N MAlILI VN....V IN "OIICOttWON M1CHIlWl f'lHONI' 18l12151182. THEV I'l'ATID THAT THIV DO NOT KNOW WHIR! THe Dl!8TOR IS. lIVE HAVE CHIICIC!D ".1........'....... wlal tNt __rim ....llIIOllll...,." p"""iIIIl. "'" IloolIl4oI\llllL ItiIlnIIncIR "'." "'............ aIIIrl 'MIII. ...."..IfoiIItan/y. ".~...."'~ 101I" ....11111',., !lIIIIItllftMllflllo.._....... ..,-...-. ......,."..". .... ,a s. Ow Tl.,~ Illtn 111a ~, 1ll 7SQl11l1 ~o. _ll4NGe . ~ Tlt 7\111+_ 0"" ')242....11. ..., '714U.f7IG .. EXHIBIT "1" __ G~:05 PM MEMBERS1ST Feu INS. DEPT 7177955178 P.04 J+' : SE]t,Z'I',1fIl5 1154PM i ROGI.EI'\aIE" ROCUJ1OIlE ~NC HO. '7018 P.W 3r; 'I". ClIlIlr. ~tmIl'" ill fJeU I ~; aooozoasel NIm': ~ llvph Ovr l\CIOINo lM4U4 Ceh\IIor. II.-g fill.... I ~ llI21l2tllla Tyfllr:.... II'l1lrlm 8IIlut Status Report 1M," 1488 !NQLI8H PIll APORESS IN Mt!CHANICUU"G "~~LL AI THI! 11U11!1fllAN DR ADD"" IN FREPRlCI<8BUM. OUft Iil'FCRTI WILL CONT1NUI TO :rI THE OTR I ~MORE&. RoQyEMORE.INC. i J ",.1ItIlIIIl\IIIII ~ lII1I!\'lhII..- _ -.rill iUllllClIllOlllltll!\' ftllOll<<cle1lllll. ... __ _~flltlIt""'''' G11I!lII/lIIIIt ....1iDWlor...~. 'I'/lII1t\lll",.",,''''IlIl.........IO_''"*'"OIIIhlNIu.._ .....fI~.~~, Irlc. A 18 0lliII ~1. Sl<<lI au.. ~ TIt 1illol& . ~O, ""411IOI. 00IlII, Tlt 7'17+141II Clor;, f7a-22d."H . ~, '7~7ao .. VKR1FICA T10N I, Gregory D. Fuller, Collections Manager for Members I" Federal Credit Union, being authorized to do so on behalf of Members ]" Federsl Credit Union, hereby verify that the statements made in the foregoing pleading are 1Il.le and correct to the best of my information knowledge and belief I understand that false statements are made subject to the penahies of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members ]" Federal Credit Union By; A'1P~ ~ory D. Fuller, CoUections Manager .-<. ...., r-:::::J ~::~ <.....1 C:,-) .: " () --;'1 ---j :T n1 f'..' C..' - , Q'r'::'--"--"'""I":;'l""" ""-rr-;- ~"".:~~~; " -_" ...' ..........,.....1.. V -"".j L--\ MEMBERS 1sT FEDERAL CREDIT UNION . CTlf,' ~ WI> . -- J BY__ ~___ IN THE COURT OF COMMC)NPLE S--- CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/PETITIONER Vs. NICKOLAS BUGOSH aIkIa NICHOLAS BUGOSH NO.: 05-02458 Civil Term DEFENDANTIRESPONDENT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE ORDER AND NOW, this 21' day of October, 2005, it is hereby ORDERED that Petitioner shall make service by posting the mortgaged property known and numbered as 142 Wyoming Avenue, Enola, P A 17025 and advertising one time in the Cumberland Law Journal and in one newspaper of general circulation in Cumberland County the Important Notice under Pa. R.C.P. 237.1, Notice of Judgment, Writ of Execution, Notice pursuant to Pa. R.C.P. 3129.2, and Notice of Sheriffs Sale and Legal Description and all subsequent or additional documents pertaining to or in connection with the foreclosure action filed to the above captioned matter, execution on any judgment entered in connection therewith and the Sherif[ sale of the above mortgaged property. Ad J. :\ '11 , " .~; " L -------- - MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/PETITIONER Vs. NICKOLAS BUGOSH aJk/a NICHOLAS BUGOSH NO.: 05-02458 Civil Term DEFENDANTIRESPONDENT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE PETITION FOR ALTERNATE SERVICE PURSUANT TO RULE OF CIVIL PROCEDURE 430 AND NOW, comes your Petitioner Members 1st Federal Credit Union ("Petitioner"), by and through its attorney, Karl M. Ledebohm, Esq., and respectfully avers the following in support of the Petition for Publication: 1. Petitioner is Members First Federal Credit Union, a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, P A 17055. 2. Defendant is Nickolas Bugosh A/KiA Nicholas Bugosh whose last know address is 4806 Virginia Road, Mechanicsburg, PA 17055. 3. On or about May 12,2005, Petitioner filed a complaint in mortgage foreclosure to the above captioned matter with regards to the property at 142 Wyoming Avenue, Enola, P A 17025 (the "Property"). 4. R. Thomas Kline, Sheriff for Cumberland County, made a return of service dated June 13,2005 which indicated that the Sheriff had obtained a forwarding address from the US Postal Service for Defendant at 1493 English Drive, Mechanicsburg, PA 17055 and, despite numerous attempts having been made to serve the Defendant at the above address, Defendant could not be found at that address. A copy of the Sheriffs return and corresponding request for forwarding address for Defendant are attached hereto as exhibit" A" and made part hereof 5. Petitioner re-instated the Complaint filed in this matter and the Sheriff made a return of service of the Complaint upon the Defendant on or about July 19, 2005 at 4806 Virginia Road, Mechanicsburg, P A 17055 pursuant to change of address received from the US Postal Service for Defendant. A copy of the Sheriff s return and corresponding request for forwarding address for Defendant are attached hereto as exhibit "B" and made part hereof 6. The Sheriff attempted to serve the Complaint upon the occupants of the Property and made a return of service dated August 17, 2005 which indicated that the Defendant had moved from the Property approximately one year prior. A copy of the Sheriffs return is attached hereto as exhibit "C" and made part hereof 7. On or about August 11, 2005, Petitioner, through its attorney Karl M Ledebohm, Esq, sent via regular mail, postage prepaid, the Important Notice required under Rule of Civil Procedure 2371 (the "Important Notice") addressed to Defendant at all three of the above addresses. A copy of the Important Notice and corresponding certificates of mailing are attached hereto as exhibit "D" and made part hereof 8. All of the Important Notices were returned as either "not deliverable as addressed" or "moved left no address unable to forward." A copy of the returned envelopes is attached hereto as exhibit "E" and made part hereof 9. Petitioner was informed by the US Postal Service that it is no longer possible for a private party to request a forwarding address without a court order. 10. As set forth in the affidavit of Gregory D. Fuller, Collections Manager for Members] s" the original of which is attached hereto as exhibit "F" and made part hereof, Petitioner employed Roquemore & Roquemore, a "skip-tracing" firm, to locate the Defendant and after considerable investigation Petitioner has been unable to locate Defendant for service. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order permitting service by posting the Property and advertising one time in the Cumberland Law Journal and in one newspaper of general circulation in Cumberland County the Important Notice, under Pa. R.C.P. 237.1, Notice of Judgment, Writ of Execution, Notice pursuant to Pa. R.C.P. 3129.2, and Notice of Sheriffs Sale and Legal Description and all subsequent or additional documents pertaining to the foreclosure action filed to the above captioned matter, execution on any judgment entered in connection therewith and sale of the Property. Date: 10.. 1 }- u> ;:,rth.K.L.t'r '~ .K..t';TUXL\! - NUT .t'UU1\JL CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOLAS AKA NICHOLAS BUGOSH but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 1493 ENGLISH DRIVE MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 16.28 5.00 10.00 .37 49.65 So answers'...... :./....~7 ~/":;.----- ,- ..../'~=--:;;::::~~:.::~'-- ----.--..'.--. :...,.,;'~~... ./':::--- /...-- .,- R. Thorn une .-" Sheriff of Cumberland County KARL LEDEBOHM 06/13/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT "A" \1' ot Q[.Ulltbe ~~ 1"4 ~~ /tq R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster ("'\ e. r),,, . Agency Control No. Date: ? /9(Q\ Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Name: (3,IA505/''' r/"kolc" Last Known Address: I 'IF, ~n j (d" 'h l.. I certify the address information for this individual is required for the performance of this agenc (Title) FOR POST OFFICE USE ONLY (L)~IL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS () NOT KNOWN AT ADDRESS GIVEN () MOVED, LEFT NO FOW ARDING ADDRESS () NO SUCH ADDRESS () OTHER (SPECIFY): BOXHOLDERS' STREET ADDRESS Agency Return Address Postmark I Date Stamp Address Information Request (Required Format) Exhibit 352.44b wn~^Lrr w ~~~U~~ - ~DUU~n^ CASE NO: 2005-02458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMPLAINT & NO was served upon BUGOSH NICKOLAS AKA NICHOLAS BUGOSH the DEFENDANT at 1100:00 HOURS, on the 19th day of July , 2005 at 4806 VIRGINIA ROAD MECHANICSBURG, PA 17055 by handing to EDWINA COTSAPAS ADULT IN CHARGE a true and attested copy of REINSTATED COMPLAINT & NO together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 .00 38.40 So Answers: <C~/?-'f ~ R. Thomas Kline 07/20/2005 KARL LEDEBOHM Sworn and Subscribed to before By: '~I (~, . iit me this day of A.D. Prothonotary EXHIBIT "B" JUl. n L'JI)~ b:UbAM Cumberland Co. therl!! \\\1? of 4CUtnbei'l ~o~, '1'''/'0- '''''''\ ;<~<~ ~~ ..$~>' , I'Vff~bi'1~""'" .~ -~,~ ~,~'{ . ,W(,'/,n!:#',,,. ~~,'ih. if.1 ""-:.\10'~~' '.'. ,t., :0 $r;ti~'" ':>to. ,1 f.:..,.~,gt~",.~. ~.. fd-A'-i(;. ..~_~ 0'..:"- .~ .. '. _"" ." '" ;,r" No.4111 ~. 1 , R. THOMAS KlINE Shariff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle. Pennsylvania 17013 . ,;)'/0 ,,, ~ '72> RONNY R. ANOERSON Chiaf Deputy JODY S. SMITH Reo! Esta'" Oaputy To: Postmaster /Mt C.~1 A /'JlC-S ~ko- Agcncy Contl:ol No. Dale; 7~3.kr / Addr~8 Information Request Name: 1....t Known Address: /y f .:5 FOR POST OffiCE USE ONLY <. () MAIT, IS DELIVERED TO ADDRESS GIVIlN ()NOTKNOWNATADDR~SGtVEN () MOVED, LEFT NO FOW ARDlNG ADDRESS () NO SUCH ADDRESS () OTIffiR (SPECIFY): // NEW ADDRESS.- -i~bVl~'Ni.,. '14>. ~",J,~\"/..~[.,""~J fl'l- II~" t) BOXHOLDERS' STREET ADDRESS Agency R7:mrn Address Address Information R.equ..t (Required Format) Exhibit 352.44b SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUGOSH NICKOLAS AKA NICHOLAS BUGOSH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BUGOSH NICKOLAS AKA NICHOLAS BUGOSH 142 WYOMING AVENUE ENOLA, PA 17025 DEFENDANT MOVED ABOUT A YEAR AGO FROM LISTED ADDRESS PER NEIGHBOR. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 12.00 5.00 10.00 .00 45.00 4~~ R. Thomas Kline Sheriff of Cumberland County KARL LEDBOHM 08/17/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT "C" MEMBERS 1ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLA.JNTIFF Vs NICKOLAS BUGOSH alk/a NICHOLAS BUGOSH NO 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW MORTGAGE FORECLOSURE IMPORTANT NOTICE TO Nickolas Bugosh alk/a Nicholas Bugosh 1493 English Drive Mechanicsburg, P A 17055 Nickolas Bugosh alk/a Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 Nickolas Bugosh alk/a Nicholas Bugosh 142 Wyoming Avenue Enola, PAl 7025 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICA TION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP EXHIBIT nDn Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 August 11.2005 '" "- uJ ~ ~ ~ ~otf~'.~ ll.a:~~::~ via..::s-~~ . w => => 3 '" !j;! N c:::J ,. O"lgJ c::i~ i::Ft~ Q ,..-"..f tOOl AJenlJer . Hat LUJOj Sd "'J n I " . '~,) if'. ^'~ "'7' / "/v.t (,'d "}) { ',( 1,,/ , , )11, , r . , :0\ pa'SsaJppe Ilew A.ieu(pJo jO B'Jeld auo q\\\ = = Q Q '-'_u."......_~~ _v"'__'_'" __, ...1^O't:ld 1\fNOI1.'v'N~31N\ GN'V :)llS3lfiOQ l:lO::l Q3sn 39 }..'VW 3:)IM::f3S l\>'lSOd 's"n '> \ I, u~~.."" u!"~"4a.:l})(!>>V u.s, POSTAL SERVICE CERTIFIC I1UFMAIL.ING MAY BE USED FOR DOMESTIC AND INTERNATIQ ~,MAll. DOES NOT PROV{r\l; t:c\Q \N~11RANr.F-pnSTMASTER (~?J (". ~ ~:_~ Karl M Ledebohm, Esq\{-S\ l" PO Box 173 " ; New Cumberland, P A 17070:017'3 Q = Q Q ~\~. U~l ~~q /:"1. '''I, 01 :'t'~m"~dd"'''d 10 1~\U.(rsh ",kt.L f~9rt~~Il~h !Jr, e.cJ\.cihLO hu.. PS Form 3817, January 2001 1\I;c...holCt.S = ~~ ~c:::J NUJ !c::J N 11\ '" ~ n := ~C")_i~~ ~'--...Jo:J::O .-c:lrn.......'"'1J . .....J:t;Ipa -l .or (/) :J1 ~ i! . ill ." 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' " " \ o e '" \f. ~~ tJ):Z:~~a ~3\O"'cI)CC a::.~cn4-4. C\~g;~'! c::!r-uJ~>::' _ocOc:O- 'e-~o:e.4u.. ~~~~e ~ ~Jo-$~~ (l:) (\u..c..(,,)~~ ~ ~ C u.-S::;)Od. ~ ~ ::t~cn\o""# '" "'0 0: ~t:"'~ o Ol (\ -",,,, ' g> ::l'COOO CO CO .- ~ ~ ~400U> oOt!, ~13o ~':Z~~ <ll ~ /:1 .' ~y:/- """"--~. -? \f1 o , '" '" .~ (l o -- .-- ~ :: ,:::: ii .; .- ~ # - ~ A ~ ",1i, ~ ~ - - - - ~ ~ -.. .- -'" ... ~ .. . _. ,.;::. -.: . - .- t-- if> '" <{) ",a: ':i~a: olll ()<(Ill ruP p3() ",2 a:a:2 uJ olll ..-ilf.\ ou-u) II) 2 00 00 ~r- r'r-.... \f1 >J1u. ruZ<tIJlIJlZ OO:JJJa: ,..:l0 to:l .,..J'r-::!O<t'r- \l.lOWZU1 a:H:>;)<l 20 f1l -1: ;t ::r '" ,n o 0 " " :l :J to {1l ~ ..- .-- ..- .,,..,,, _e' ro Q) ~ ~ tIl Q) .c.c~ lJ)"'- g,g,0l'- ::l ::l.S....- COcoE<C. lJ)lJ)Oo.. <lltll~ oo5.2! 1S150lO ._ ._ <:t c: ZZ....-u.l ,.'". (';., (:) I,) 1'.1 r'" .r'l 1::" i.:::l ,'" {''t",) ,.::t"l ~1,t,,4 \ (f} \.... .r'l (') 1<:1 \:';'.' I III ~'\ ><:I' \1:\ .\.. ~J,\ (,~\ .') {" .,r.\\ \;:,1 r'" () \",. "".1 '" '" r- ~ r- 0 ~ 6 0 6 r- 0 '0 ~ r- ~ $ r- <{ ,.. <{ 0.. 0.. ~ -d ~ -d c 0 '" C .o(')'"C '" '" "'r-'" -"",-C -o~-'" '" r- '" "'"E. -0,..-'" .-1.0::3 3"E. '2,1:00 . 0 '" '2,1:00 -CO::: -CO::: '" ' '" '" .'" "o..Z "o..Z ~ MEMBERS lIT FEDERAL CREDIT I.JNION IN THE COURT OF COMMON PLEAS CUMl3ERLAND COUNTY, PENNSYLVANJA PLAlNTIFfIPETITIO},'ER VB. NICKOLAS BUGOSH aJkJa NICHOLAS BUGOSH DEFENDANT/RESPONDENT NO 05-02458 Civil Term . CIVIL ACTION-LAW : MORTGAGE FORECLOSURE AFFIDAVIT I, Gregory D. Fuller, Collections Manager for Members First Federal Credit Union ("Petitioner"), do hereby report the following information in support of my Petition for Publication 1. The only addresses which Petitioner possesses with regards to the Defendant are those as set forth in the Petition For Alternate Service Pursuant to Rule of Civil Procedure 430 ("Petition for Alternate Service") immediately proceeding this Affidavit. The Petition for Alternate Service is incorporated herein by reference as if set forth herem in full. 2. On or about September 28, 2005, Petitioner, through its attorney, Karl M. Ledebohm, Esq., contacted directory assistance for both, Eoola, Pennsylvania and Mechanicsburg. Pennsylvania and was informed that no listings exist for Defendant. 3. Petitioner referred this matter to Roquemore & Roquemore, Inc., a skip tracing firm to locate the whereabouts of Defendant. 4. On or about September 27,2005, Petitioner received a Status Report from Roquemore & Roquemore, Inc, a copy ofwhlch is attached hereto as exhibit K 1" and made part hereof, which details the efforts made to locate the Defendant, without success. 5. On or about September 28, 2005, Petitioner. through its attorney, Karl M Ledebohm, contacted the cell phone number set fonh in the attached report from Roquemore & Roquemore, Inc, and received a computerized message which iudicated that the voice mail for Ibis number has not yet been established 6. On Or about September 28, 200S, Petitioner, through its attorney, Karl M. Ledebohm, contacted G. Patrick O'Connor, Esq., Defendant's legal council in a prior bankruptcy proceeding and confirmed that G Patrick O'ConnOI does not represent Defendant with regards to the instant foreclosure action, that he has had no contact with his client since Aprill, 2005 and that he does not have any additional contact information for Defendant not already in the possession of Petitioner. EXHIBIT "F" -. 7. As ofthe date hereot: Petitioner has not received any information concerning the whereabouts ofDefendll1lt from R()quemore & Roquemore, Inc., ()r any other source. 8. As set forth in the return of service by the Cumberland County Sheriff s Office dated August 17, 2005, a copy of which is attached to the Petition for Alternate Service as exhibit "e" and made part thereof and hereof by reference, the Sheriff made inquired with the neighbors of the mortgaged property and was informed that Defendant moved approximately one year ago from the mortgaged property 9. For the reasons set f()rth herein and in the Petition for Alternate Service, Petitioner has reason to believe that Derendant has left the area. Respectfully submitted, Date: IcD~~ Collections Manager for Members First Federal Credit Union Sworn and subscribed to before me, a Notary Public. this 3 0 day of September, 2005. {)OctOMY1 L'-d~ \...{Notary) My commission expires' COM,MONWEAL TH OF PENNSYLVANIA '. Nola1faI Seal Iscd&an M. Worley. Notary Public Lower ~ T"'ll., Ct.mbertand County My ConmioeIon Expires Apr. 19, 2009 Member, Pennsylvania ASSOCiation of Notaries SEP-27-0S 06:04 PM MEMBERS1ST Feu INS~ DEPT ?1779551f8 P..03 r ',,~ . ~1Ft ROUI1Of<E & ~ tHe ~.1. P.Z/3 ClUlnt Mem_ 111 FC;U Aet': 00llll2Cll5ea NIIllI: NICkol.. lugolh 01.1' AceINO 244824 ColhlClllr' Greg FUlllr ~: ~7I2llll! TVPI': Inlllrlm IbIlUI Status Report w" hlYf /llIlIIvecI your lIIiQIlmlnl an tIl8 .bovt QlptIllnlld Il.tlJeol,nd heva opellld I .klP ~ Md collltlrll IoaInfon Inveetlalaon WIlIIlnIltullllCl!\l III /IPOIU" lI\I ~ ooll*,1 on tl$hI. TIlIlI11ter1rn report \I proWlIll 11 thill tim' to __ lIlI !!ow or Informllkln. I~ I j e 'flit .lIjQlIId lnvlellillllor Ie Dennie Halcomb. ~-~~ O~~ D~~~ I We It'lIIOIiVt In thl IkIp III'ld : I ihrollllh GIlr Inveetltlltivt effortl' WI /lave wrllted Irlfor;n. n tmm QQllItIrllllcoliion p""*,, lll1d IIlI ~ .. h_ d8wIopell recent IIlICII Clur liaISe ."d hIw _iQnlll YOllf clMloplnll "Ida be.. OlIlhl ! lito 1tMl1oall1Clll of tile aolllltl'lll. unit to onl 01 our llQtnlt for provided lnlb""'lIon ftclm 1M lIl\Cl fit GI\ItOr. Al_....n. J follawtns IOU,*: i - .~ c1rtft11 I W"l'Itnt\l~aI...nfytnlll 'CIIllIt ~ ,.~OII thllllnformrion. 'Pu.WO nOllilUllIlC ClItI . "1ItlI1)MV ,genclea 'SIDIM .... OS,*,il pllGM InYI81IgItIotl 'C4~ AIaIIllGl1l 'p _belt, r~~~ e Dnll.d InfalmlltlDn: &iteIOe,..IOllOUI\t'il\l\ be Ill'CttlMd \tIlOUOh 0\11' IlIJl11'1ln ftta but fa Ifll' nllW leIcll. Ntd l'I\In \lUIM\l 'D woIk far 1IIdP. en1Ill5... pulleCl trw ~ 1I/TII1dd_ hlId.. tllealven. W~ till naighllO/l ror ,... "1IOllo.. PU!'d new report lbund I new addrtta In 1_,pI WIll fa<<crN up III coll1lml IfI~1a .1 tODd lIdQ_. 8/10/06 R.CIltVED A CAL~ FROM THli 1)TA'81lK (AEIlEOOA) AND IHE STATEO THAT 8l1! HMN"r HEARD fflOM THIOTA IN AIIOUT 'TWO MON'T1'18IlUT THIS 18 HIS CaLM 717'1e1l233, SHE,taO STATIO TttAT THI DTR MAV lIIIlTAYING WITH 1118 FRlSND BRVAN (NO LAST NAMI!). 8AJ1) 8HE WlU. OAU. HER MOTHl!R AND EI! II" SHE REMEMBERS _VANS LA8T NAMe AND ll.AI.l M! ISAOt<. 9121/Oll CAW-EO 'n'I1! tlTR'80RANDMOTHIiR QL.ADVlIIIIJQ08H AND SJoIli! ITAT!D THAT THE DTR 0018 NOT STAYTHEREANO THAT ALL 8H! CAN l'JO IS TI'IY TO l31!T A MI!S8ME TO HIM THROUGH FNtflL V MeMIlERS, Lln row MellI ~ CALlIDTH! DTA'8ax ("e..cOAl LM'I'CB. &/27/05 THROUCiM .EVER~ .IARCH" ANI) ~TA 8 WI HAW NOT 11_ A8U! Tel LOOA'nii THE DEBTO" NICHOLAS ElUOOSH. WE HAW SEARCHED SlVlML ADM!.' auT HAW leeN U1WUl TO LOCATE THl! ceJT'O". WE HAve CHIC1C!I) THe; Dt!ITOfU Rll.ATIVE. ADDRE!88 AT 11421 N MAI"LII VA~\.IY IN ROUCOMMON MICHIGAN PHON!" 88m_n, THEV STATED THAT THEV 00 MOT KNOW WHEIU! THI! OmOl'lls. WE HAVE CHI!CI<!D ".lnf!1rml111l1l1,1lNIded wtl/l "" '""rim IlJlIlI III1Q!\ II d1lI<I\td P'O\ItiotlrY I/1If 1lOMI\lIII1\Ill I\IlnIonQG "". III lorlM ~ aIIrI tlId \lII "'nt'l.A_OIIIy. "..1nIcr11'_ '"III IIOt __ 1lII1IoIIIIIII th'nf pllliM ..1l4II1 tho Ol!p__nl fIf !loq""lI1OIIa ~... Ino, ,I, 51' c... T'''4 Su,,, 21 a I Q_N~ nt 7S041 . ~o. ... ~_ I Dol... Tll ~I'.UOI C>>C1 t7a-aa...'266 . ,.., '72.J2''''72tl .. EXHIBIT "1" I e SEP-27-05 06:05 PM MEMBERS1ST Feu INS. DEPT 7177955178 P.04 . 'ie, . SEP.2'i'.2IlI!l 1154f'M, ROIi'I..EI1CRE So ROQU:l1ORt IHC tlO.?'4l!l P.:a,S c ~Jl'T In 1Ri ~MORE&. m RoQyEMORE,INC. 'I I l\1emllll111t FeU DOOO2015811 NIckoIN lluph lM49&4 l!l~II~"r 9111/2llll5 IrIlen", 8lIb.I1 ell,1It. Il.~; Nlm.: O~r AOotNo con1lClOr. I~ ~:- Status Report THi: '483 e!NGLI8H DFlAPORE88 IN MECHANICSBURG PA, AS WELL AS THE 11821 BRIAN Of' AODR.sa IN FREDRICI<811UM. OUFt EFFORT' WII.L CONTINUE TO LOCATE THE DTR i , _J Tllo i!l(oI7IlIIlan ,.,.......".1/11I ",torlm _11IpO~ildlll!lld"",p",lIl1' ..d"""flll_1Io1. 1101"_ .,,'""'rlllt..alln" 0I1o!II """ lilt flIIIlII'l ....... a_lV. ",10 l"",mll'tIo/I.",. nil" d_..d to 1IlIn:I ,.rtJoo _., \hO ~1'NI _nl d Iloq....D!it llRt.._ro, MC, .. U, OAl<l TlI~~ S,,", JU . Cj"'.....D fX 1S04J . ~O, Ialt 141601. ~ Tll7n7+JdOl 00<;, .1a.2a6.t166 " ""', t7wu.t720 .. . . . VElUFlCA TION I, Gregory D. Fuller, Collections Manager for Members I" Federal Credit Union, being authorized to do so on behalf of Members J" Federal Credit Union, hereby verify that the stateluents made in the foregoing pleading are true and correct to the best of my information knowledge and belief I understand that false statements are made subject to the penalties ofl8 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities Members lot Federal Credit Union By: hJ OPe, ~gory D. Fuller, Collections Manager ~, ~ ) I -, - -~-- SHERIFF'S RETURN - REGULAR CASE NO: 2005-02458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BUGOSH NICKOLAS AKA NICHOLAS BUGOSH the DEFENDANT , at 1010:00 HOURS, on the 9th day of November, 2005 at 142 WYOMING AVENUE ENOLA, PA 17025 by handing to POSTED PROPERTY AT 142 WYOMING AVENUE ENOLA a true and attested copy of NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Postage So Answers: 18.00 14.40 6.00 10.00 .37 48.77 :.><',:~;:~' ".??':::L::~Y,t'....('-:' R. Thomas Kline 11/14/2005 KARL LEDEBOHM Sworn and Subscribed to before me this J~/h day of ~Vlm~ AD P~ . 0 ary ~3~ Deputy Sheriff MEMBERS I ST FEDERAL CREDIT UNION. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO.. 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY Please enter judgment in the above captioned proceeding in favor of Members I" Federal Credit Union, Plaintiff, and against the Defendant, Nickolas Bugosh alkla Nicholas Bugosh, in the amount of SEVENTY-THREE THOUSAND SIXTY- THREE AND 62/1 00 ($73,06362) plus interest at the rate of$II.6447 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit and for foreclosure and sale ofthe mortgaged propeny, Judgment is entered pursuant to Pa. R.CP 3031 for failure to file an Answer on behalf of Defendant, Nickolas Bugosh alkla Nicholas Bugosh, to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was published and posted upon the mortgaged property pursuant to the Order of Court dated October 27, 2005 entered in the above captioned matter RespeC!~- Date 12..-- 2--0) U Kar . Ledebohm, Esquire Su reme Court JD #59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff . I hereby certify that notices of intent to take default judgment were served upon the Defendant, Nickolas Bugosh alkla Nicholas Bugosh, pursuant to the Order of Court dated October 27, 2005 entered in the above captioned matter as follows I. Publication in the Cumberland Law Journal, a copy of the proof of publication is attached hereto as Exhibit" A" 2. Publication in the Patriot News, a copy ofthe proof of publication is attached hereto as Exhibit "B". 3. The Sheriff of Cumberland County personally posted the notice on the mortgaged property, a copy of the Sheriff s Return is attached hereto as Exhibit "c", Date f-u 11-1 (J';- ~." . I:b?!.~";"i:- Supreme Court ID #59012 PO Box 173 New Cumberland, P A- 17070-0 \73 (7\7)938-6929 Attorney for Plaintiff /. ,/ / PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz November 11, 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 of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (~'\ (~ (\) -~ I~ ~ ----- / Li~ Marie Coyne, Editor '----_./ SWORN TO AND SUBSCRIBED before me this 11 day of November. 2005 ~---'~) L. ~J7"'1dh\j r'" ," ""~~'~'''~~r!;,~~~'''.;!:,:,,~-::' -- -" ".. ""'~"'~'''1 ,~ t. 1'<./:." I, ,I ~ C,-!,-, '1 "-'!"81:61i"j r ')1:'1 ',,' ~ I ,I EXHIBIT "A" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County. Pennsylvania Civil Action-Law No.: 05-02458 Civil Term MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF VS. NICKOLAS BUGOSH. a/k/a NICHOLAS BUGOSH DEFENDANT MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Nickolas Bugosh, a/k/a Nicho- las Bugosh Mortgaged property: 142 Wyoming Avenue. Enola, PA 17025 PURSUANT TO TIlE FAIR DEBT COLLECTION PRACTICES ACT. lAM REQUIRED TO INFORM YOU THAT THIS NOTICE AND ANY SUBSE- QUENT CORRESPONDENCE OR COMMUNICATION IS AN ATfEMPr TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE AC- TION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (I0) DAYS FROM THE DATE OF THIS NOTICE, A ,JUDGMENT MAY BE ENTERED AGAINST YOU WITIlOUT A HEARING. AND YOU MAY WSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUlD TAKE TIllS PAPER TO YOUR LAW- YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AF. FORD ONE, GO ro OR TELEPHONE THE OFFICE SET FORTH BELOW 2 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 KARL M. LEDEBOHM. ESQUIRE Supreme Court ID #59012 Attomey for Plaintiff P.O. Box 173 New Cumberland, PA 17070-0 I 73 (717) 938-6929 Nov. 11 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} 55 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street. in the City of Harrisburg, County ofD.uphin, 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 regular daily andlor Sunday/ Metro edItions which appeared in the 8th day(s) of Novemher 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 afthe 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 unammously 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 'sc laneous Book "M". Volume 14, Page 317. PUBLICATION COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No.: 0$-02451 Civil Term MaMllRS 1ST Fl!blRAL CRIED IT UNION Pl.AINT/FP V.. ~:~~gt~~ :~:g~~ Q/~Q DEFENDANT IMPOFtTANT NOTICE TO: Nickolas Suga:,h a/k:/a NIcholas BtJgos/'t Mortgaged property 142 Wyoming Avenue, Enola,PA 17025 PURSUANT TO THE FAIR DEBT COL- LEemON PRACTICES ACT, j AM RE. QUIRED TO INI=ORM YOU THAT THIS NOTICE AND ANY SUBSEQUENT COR. RESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DeBT AND ANY INFORMATION OBTAINED WILL &e USEe FOR THAT PURPOSE. yOU ARE INDEf:'AUlT BECAUSE YOU HAVE FAILEO TO TAKE ACTION RE. QUI-RI:O OF YOU IN THIS CASE UNLESS VOU ACT WITHIN TEN no) DAYS FROM THE bATE 01= THIS NOTICE, A JUOG. ME NT MAY BE ENTEREOAGAINSTYoU WITHOUT A I1EARING AND YOU MAY LOSE PROPERTY OROTHER'fMPOR't ANT RIGHTS YOU SHOUI..DTAK-ETHIS PAPER TO YOUR L,AWY.ER ATONcl:. IF YOU 00 Not HAVE A LAWYER OR CAN- NOT A,c-FQRO-ONc..QO TO OR TEL.E. !'HONe THE OFFICE; SET FORTH BE- L.OW TOF=IND OUT WHERE, YOU CAN GET LEGAL HELP,' Cumberland COlJnty Bor Association 2 Llb&rty Avenue Carlisle, PA 11013 (117)249-3166or(8Q0}990-9108 Karl M. Ledobohm. Esq. Supreme. Court rD #"Olt fi'.Q.,ox 113 ---- ~ ~~btt'land.,~W'i;~~~~~:"."" KARL M. LEDEBOHM ATTORNEY AT LAW P,O. BOX 173 NEW CUMBERLAND, PA. 17070.0173 Statement of Advertising Costs To THE PATRlOT.NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 210.82 EXHIBIT "B" SHERIFF'S RETURN - REGULAR . CASE NO: 2005-02458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BUGOSH NICKOLAS AKA NICHOLAS ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BUGOSH NICKOLAS AKA NICHOLAS BUGOSH the DEFENDANT , at 1010:00 HOURS, on the 9th day of November, 2005 at 142 WYOMING AVENUE ENOLA, PA 17025 by handing to POSTED PROPERTY AT 142 WYOMING AVENUE ENOLA a true and attested copy of NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Postage 18.00 14 .40 6.00 10.00 .37 48.77 So Answers: --C-""'-r./f'/:~. //~ "7/ .....;;.~;...;~':;:.-;-ftw.~!;! ",;/~-F R. Thomas Kline 11/14/2005 KARL LEDEBOHM me this day of B~bM+ d~ Deputy Sher~ff Sworn and Subscribed to before A.D. Prothonotary EXHIBIT "C" ~ (-.' .~- ! ~ ~ ~^ ~ \ , ~ l\ "- Il...J -.J ~ "- "- " t .J ~- "-< C~ " PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.c.P. SECTION 101 TO SECTION 149 ETC. MEMBERS I ST FEDERAL CREDIT UNION Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-02458 Civil Term (Mortgage Foreclosure) Amount Due $73,063.62 Interest from 5/6/05 at the rate of . $11. 6447 per day to be added . Atty's Fees. To be added COSTS TO BE ADDED NICKOLAS BUGOSH alkla NICHOLAS BUGOSH Defendant TO THE PROTHONOTARY:' ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (I) Directed to the Sheriff of Cumberland County, Pennsylvania~ (2) against Nickolas Bugosh alkla Nicholas Bugosh, 142 Wyoming Avenue, Enola, PA 17025, Defendant~ and Nickolas Bugosh alkla Nicholas Bugosh, 4806 Virginia Road, Mechanicsburg, PA 17055~ (3) and against NI A Garnishee (s)~ (4) and index this writ against Nickolas Bugosh alkla Nicholas Bugosh, 142 Wyoming Avenue, Enola, P A 17025~ and Nickolas Bugosh alkla Nicholas Bugosh, 4806 Virginia Road, Mechanicsburg, PA 17055~ (5) , Defendant~ and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens. All that certain tract of ground together with improvements erected thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, PA 17025 and as more particularly set forth and described on Exhibit" A" attached hereto and made part hereof by reference I.r'" ------..--------- ... (a) Exemption has (not) been waived --- Dated ---11.- 2.-- 0 > 17070-0173 '"', , " ~~, . , ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by DP Raffensperger Associates, Engineers and Surveyors, dated February 4, 1980, as follows, to wit BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing line with property No 140 Wyoming Avenue, and through the center ofa partition wall and beyond, South 79 degrees 40 minutes West, 184.48 feet to a point on the eastern side of said Wyoming Avenue, thence North 10 degrees 20 minutes West 25.0 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as 142 Wyoming A venue BEING the same premises which Nickolas Bugosh, single man and Rebecca Ochs, single woman, by their deed dated October 7, 2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259, page 4696, granted and conveyed unto Nickolas Bugosh, single man EXHIBIT "A" ~~.~~~~~~:t~ . . . . . . . . . (\ ~~~~~~~~.~ ~ {: "'l) ''''- t , .; " ,~ . ).. v-. ~ \:9 ~ \"J ~ ~ ~ \J 1'. ~ t'.. ~ rf " . ~ ; <<;- ;, : ~ - ~ ~ ~ , 1'""'-) ,H., t,':.' ,. ,\ .." ~~ '-. ~ '-l ....... '-.. '-.J t ~ ',"',' "c:-, , .. MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO, 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, PA 17025. 1. Name and address of owner(s) or reputed owner(s). Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, P A 17025 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 2 Name and address of defendant( s) in the judgment Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, PA 17025 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, P A 17055 3 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold , .. 4. Name and address of the last recorded holder of every mortgage of record Members 1 ,t Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 5. Name and ~rldress of every other person who has any record lien on the property 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 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 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 1701'3 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 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 Section 4904 relating to unsworn falsification to authorities. - Date /L.--'2...--oS Respectfully submitte , vr 7 J arl M. Ledebohm, Esq. Supreme Court ID # 59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ---- n ., \:::--' -- MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs, NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO. 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE j~OTICE OF SHERIFF'S SALE OR REAL ESTATE To Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, P A 17025 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 Your house (real estate) at 142 Wyoming Avenue, Enola, PA 17025, as more particularly set forth and described on Exhibit" A" attached hereto and made part hereof, is scheduled to be sold at Sheriff s Sale on March 8, 2006 at 1000 a.ill in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of$73,06362 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOT T MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929 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 be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERJFF'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 the Sheriff at the County Courthouse. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 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 a 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 on (within thirty (30) days after the Sheriff 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 schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association . 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 or (800)990-9108 The Sheriff s phone number is: (717)240-6390 17070-0173 ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by D.P Raffensperger Associates, Engineers and Surveyors, dated February 4, 1980, as follows, to wit BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing line with property No. 140 Wyoming Avenue, and through the center ofa partition wall and beyond, South 79 degrees 40 minutes West, 184.48 feet to a point on the eastern side of said Wyoming Avenue; thence North 10 degrees 20 minutes West 25.0 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as 142 Wyoming A venue BEING the same premises which Nickolas Bugosh, single man and Rebecca Ochs, single woman, by their deed dated October 7, 2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259, page 4696, granted and conveyed unto Nickolas Bugosh, single man EXHIBIT "A" "--.' " r.--:; I \,-- ... MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAJNTIFF Vs NICKOLAS BUGOSH a/kla NICHOLAS BUGOSH NO,' 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CDRRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO Nickolas Bugosh a/k/a Nicholas Bugosh 142 Wyoming Avenue Enola, PA 17025 Nickolas Bugosh aJk/a Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 You are hereby notified that on (),u.. '7 ,2005 the following judgment has been entered against you in the above captioned case judgment in the above captioned proceeding in favor of Members 1 ," Federal Credit Union, Plaintiff, and against the Defendant, Nickolas Bugosh alkla Nicholas Bugosh, in the amount of SEVENTY-THREE THOUSAND SIXTY-THREE AND 62/100 ($73,063.62) plus interest at the rate of$1l6447 per day, through the date of payment, includin'l on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property Judgment is entered pursuant to Pa, RCP 303l for failure to file an Answer on behalf of Defendant, Nickolas Bugosh a/kla Nicholas Bugosh, to Plaintiffs Complaint within twenty (20) days of service thereof and after a IO-day Notice was published and posted upon the mortgaged property pursuant to the Order of Court dated October 27, 2005 entered in the above captioned matter Dated -. I hereby certify that the proper person to receive this notice under Pa RCP 236 IS Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, PA 17025 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, P A 17055 . . MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NICKOLAS BUGOSH alkJa NICHOLAS BUGOSH NO. 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE A Nickolas Bugosh alkJa Nicholas Bugosh Por este medio se Ie esta ~,otificando que el de 2005, ellla siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso men cion ado en el epigrafe. Fecha Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia Nickolas Bugosh alkJa Nicholas Bugosh 142 Wyoming Avenue Enola, P A 17025 Nickolas Bugosh alkJa Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 Dated -- ,'z...~ yO) R"i:~rie ~~ arl M. Ledebohm, Esquire Supreme Court ID #590]2 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2458 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff (s) From NICKOLAS BUGOSH a/kla NICHOLAS BUGOSH, 142 Wyoming Avenue, Enola, PA 17025; and Nickolas Bugosh a/kla Nicholas Bugosh, 4806 Virginia Road, Mechanicsburg, P A 17055. (I) You are directed to levy upon the property of the defendant (s)and to sell All that certain tract of ground together with improvements erected thereon situate in East Pennsboro Township, Cumberland County Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, PA 17025 aud as more particularly set forth and described on Exhibit" A". 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 trom 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) 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 Due73,063.62 L.L.$.50 Interest from 5/6/05 at the rate of $11.6447 per day to be added Atty's Comm Atty Paid $348.82 Plaintiff Paid Date: December 7, 2005 % Due Prothy $1.00 Other Costs (Seal) {!ttht:x{;U Prothono.!llJ:Y-''' ..,~ By: Deputy REQUESTING PARTY: Name Karl M. Ledebohrn, Esq. Address: P. O. Box 173 New Cumberland, PA 17070-0173 Attorney for: Plaintiff Telephone: 717-938-6929 Supreme Court ID No. 59012 MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO, 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 6th day ofJanuary, 2006, Notice ofJudgment, Writ of Execution and Notice of Sheriffs Sale of Real Estate was served upon the Defendant in the above captioned matter by publication in the Patriot News, pursuant to the Order of Court entered in the above captioned matter. A copy of the proof of publication is attached hereto as Exhibit" A" January I], 2006 arl M. Ledebohm, Esq, Supreme Court ID #. 590]2 PO Box ]73 New Cumberland, P A 17070-0173 (7] 7)938-6929 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 Joseph A. Dennison. being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general Clfculation, pnnted and published at 812 to 818 Market Street, in the City, Connty 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 SlOce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 6th day(s) of January 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations ofthi5 statement as to the time, place and character of publication are Que; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 6th da 0 January 2006 A.D. NOTARIAl. SEAl. Terry l. Russell. Notary Public CIty of Harrisburg, Dauphin County My CommlsSlon Expi June 6, 2006 );, ; Ponn.ylvanla .oclaliono',~ I rlo. '11/):/ ~ / NOTA PUBLIC My commission expires June 6, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-02458 Civil Term CIVI L ACTION.LAW MORTGAGE FOR&CLI' URE MEMBERS 1It FED AL CREDIT UNION PLAINTIF V.. NICKOLAS BUGOSH, Ik/a NICHOLAS BUGOSH ~1 DEFENDA'NT p, NOTICE OF JUDGMENT lJl PURSUANT'TO THE FAIR DEBT COL. j LECTION PRACTICES ACT I AMRE- QUIRED TO INFORM YOU THAT THIS Ig DOCUMENT AND AND SUBSEQUENT io CORRESPONDENCE OR COMMUNICA. _P' liON IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OB- ~~~NpEO~E WI LL BE USED FOR THAT -.1 BUTg~;h NIckolas BUgosh a/k/a Nicholas ~~ Ynu are hereby notified that on Decem- .u, KARL M. LEDEBOHM ATTORNEY AT LAW PO BOX 173 NEW CUMBERLAND, PA. 17070-0173 EXHIBIT "A" IN THE COURT OF COMMOfll PLEAS CUMlIE.R~HD COUMTY. PE"N5YLVAtlIA NO. 05-02458 CIvil Term c\V\L.I\c.,.,ON.LAW MORTGAGlE FORECL0'3URIE MEMBliRS b~ FEDERAL. CREDIT UNION PLAINTifF V.. NICKOLAS BUGOS,", a/kiD "",',",OLAS BUG05H . DEFENDANT MO't'C.EOF JUDGMENT PURSUANT'TO THE FAIR DEBT C.O\"- LECTION PRAC,.IC.ES ACT I AMRE- QUIRED TO INFORM YOll THAT THIS DOCUMENT AND AND suaseQUe.NT C.ORRESPON.PENCE OR, COMMUN1CA- 'TION IS AN ATTEMPT TO COU...ECT A DEeT .IlIHO ANY INFORMATION OB- TAINED WiLL BE useD FOR THA1' PURPOSE TO: NiCkolas BUSIosh (Ilk/a NlcholOS DuQOsh you CU'e. herebY notlfled that on Decem- ber 7, 2.005 the followIng ludgmen~ M been entered (1~\nd you In the above captioned case. Judlilment In 1hlt ~"e c.d\:ltlcmed proceed- Ing In favor of Members 1 Sf Federal Credit union. Plaintiff. and aVQln"t tne Cefend- ant. NIC.kolas BugOsh a/k/a Nicholas BUgOsh, In the amount of SE\lEw.-rV- 1HREE THOuslUID SIXTy,THRee ,AND 621100 ($73,063,62) piuS Interest at the rate of $11,6A47 pel' ca'i tt\rou~h ttle date of pay- ment. Including on and atter the date of en- I try of ttle ludgmen\ Q1"I the complaint. tlddl- I "01'10\ attorney'S fees and cost of suite and , tor foreclosure and sole of the mo\',gaged I property.. Judoment Is entered pursuant to I pa.R.C.P. 3031 for folwre to Ille an AnsWfli I on be'na\1 01 oe~ndant, NICkolas Bugosh \a/k/O NiCholas &ugosh. to Plaintiffs com- plaint withIn twent'f t111\ doyS. ot service thereat and after a 1G-dav Notlce was pub- lished and posted upon the- 'ltiortGOQed P1"~rt'i pursudnt to the Order at Court doted october 27. 2005 entered In the obO". cdPtlOned mnltl!lr. Per este medlo se Ie esta notlflcando ~I)e el 7, p,zem'01"e 'lQlJS. ellla sllJulehte I (Orden), (oecreto, (FolIO) ha sldo onotado en contra suya en el cmQ mef\<;\on(l(iO en el , eplt;arafe. NoT'tE \f YOU wIsh to defend. '101.1 must enter a written appearance personall'i or'tl'i atlor- neY ana nle Yl)\lr de~en58S or obl.ctlon ll\ wrltln'il with the court. YOI) are warned that If yout all \0 do ~ the case may pro- ceed without yOU. you may lose mooneY or property or other rlgl1ts \mportan\'oyau. 'fOU s.","OULD TAKE THIS PAPER TO yOUR LAWYEIt AT oNCE. lF YOU 00 NOT 'rt~VE A LAWYER, GO TO OR TEL- EPHONE THE OFFICE sET FORTH DE- LOW THIS OFfICe. CAN PROVICE yOU WITtI. INFORMATION A&OUT HIRING A LAwYER. 1If' YOU CANNor AFFORD TO HIRE A LAWYER. rHIS OFFICE MAY DE ABLE TO PROVIDE yoU WITH INFORMATION ABOUT AGENCIES THAT MAY Of-FER L.EGAL sERVices 1'0 ELlGIBL.E pER- SONS AT A REDUCED FeE OR NO FEE. cumberlond Count'! B01" A,,!.OClatlon '1 L\bert'l Avenue carllsle,PA 17013 l1Y/) 'l49-?'66 or (800l99G-9108 WRIT OR EXECUTION ANOIOR ATTACHMEt>lT A writ at exeCUtion has been_ISsued bY the ProthonotarY tor cumberland county on oecember 7. 2005. directIng the Sherlffaf cumberland cOl.!nfY to leVY upon on<!. to ,.n me pr~N de$crlbed beloW fasotl,ty th~ debt.,lntJre,b Qnd costs due Member 1s Fecle[a'l:C.:l'eo\t Unla\\, Plaintiff In the above captlort~ matter, from Nlck.Olas 91.1gosh alkla NiCholas 'SUIlOSh. NOilCE Ol= SHERIFF'S SALE OR - To: Nlckola REAL. ESTATE Bugosh s Bugash alkla Nlchofas Your houst {real est te Avenue. Enolo. PA 17~ } at 142 WyomIng larly set forth and d' as more partlcu- schedUI~ to be escrlbed below I I ~arch 8, 2006 at 1~~':o at Sherlfrs Sal~ o~ hhe Sheriff. CUmberlg'~' In the Ortrce at l~~lS:' ~o~~~~c~n~h:r ~tree~.o~lsl;~u~~ I $73,063.62 obtained b court lud'ilment 0' I PlaIntiff against Y~ y _ the above named NOTiCe uU. c yOU ~.; ~~NER'S RIGHTS THISSHERIFF'SSA"tBeL.E TO PREVENT To prevent the Sh Iff' tate4Jl1hiedlate actlo~~ 5 Sale, YOU must . ~e Sheriff Sal YOU paY to the ab e wlll be co~11ed f gmount of the l\l~~e~fm,ed Plaintiff th~ ock payments I t P us costs or the ~.Qt.Ol'Iable- tlttofn~': tc:ar:e,. co,ts and ow much YOU must 5 ue. To find out Karl M. L.edebohm .pay" you moy call 6929, ' squIre, at (717}938- 2. You may be abl Ing a petition o'kln~: :~stoP the ,ale by fll- open the judgment It th court to strike or p.raperly entered' e IUdgment was 1m- ",urt topo,tpont thtY:a~t TOY also ask the . You may b or good cause ~~e~u~~ ~;~;n~~"f! ~~~~~e~ln~:'P ~~~ ~~~ ,aoner you contact o~,:rt your rights, The ~~~ ~l~vfo o~I~~PPln,g ~ ~I~~ {;~:nn~~ attorney, , ,0\1 how to obtaIn on YOU MAY STILL 6~~R PROPERTY BiN'6BL.E TO SAVE IFF';~L.~'g~J~ Te,.,~~N IF ~~~ ~HAiRE_ 1. If the Sheriff' S PLACE. Ypr...oPertv will be '~\d a~~ !! naht stopped your uU may tlt'Td t HIe Ightst bldd the Sheriff at th~uco~net Perlc" bid by call1i,''g I 2. YOU may be 'I ourthause to ,etaslde the able to pemlan t~e Courf grossly InadeqUat~le of the bId price was of your property. compared to the "clue 3, Thesalewl\l th ~~ pays the SherIf th~Of,r only If the buY- e Ulle. To find aut 1f t~1 amount due In YOU may call th I hal happened e',urthause, whlchen~~"blff, at the County . If the amount d er I listed below rl~:Ot~e.~~~~t:~~:1f r'~ht\~:'Y:e l~~~ appened. e sale never 5. You have 01'1 ht ertv untll the tull ~m to remaIn In the prop- Sheriff and the SherlWnt due Is paid to the , ~uYer, At that time t"glbes a deed to the .,aa1yproCeedlnlilS to ~VIC~y.uuyer may brIng . au may be t . mane.,. which was.n It!etl to 0 shore ot the ro~hedUle of dl.trlb~~n foot your hoUse. A I' your house wlll b tt1. money bid I 01,., _ {within thirty (~J '",lied by the Sheriff ; Sale). ThIs sch YI after the Sher- : ee reCeiving that ~~~~e will stote wl\o will ~ '.~. I).Old o.ut '1'1. <1.=.'''' Y. T.he man..Y. wltl I Mlill.~I""1,::~,~,,:h1~;~h;~.; ...t~~tli~~L.w _~. .1'. i 'h.''''. . of lliili'I.U 10. I. fII.d byth~ ",7. Youmoy I h rtn.~c:!r wa a so ave other rIghts an ffYOU'Ge:t,lmrri:c,rZ,:Tttlng YOurhous..~t. YOU SHoUL.D . y after thuole . ~g~~k~~~ELRAwy1~'S6N~~~S I~A~~IT oToO FORO ONE e:R OR CANN . WOFHFICE LI~~60B~'tOTWELEPHON~T .f:e ERE yOU CAN TO FINO OU Cumberland C GET LEGAL HELP T 2 Liberty A"&n~~r'Ity par Auacfatlon . Carlisle, pa 17013 (717)249-3166 Th. St\erlff's C:h{800}990-9108 6390. one number Is (717\ 240- The L:e'"gaTo as follows escrlPHon of th AL.L. THAT . e Property ,~ ground witt! CERTAIN lot .sltuate In E~~P1"ovements theror pIece at erland CO\l pennsboro tow eon erected and descrlbedn~, PennSYlvanl~$I\I.P, cum- made> bY 0 P Raccordanc. with aunded engIneers and' affensPerger CI lurvev ',.1980, as fo"ow~urv, ey01"S. dQtet~O.clotel', 1d EGINNING ',OWlt, . ruary. s eafWo a o Paint "leferenc.J' :Jnog, A, venue, ~~ fha'.1 .,asfern on from th . eet In a 1'1 beIng nue and D e Inter$ectlan afsoutherly dlrec- divIdIng IIn~OPhln Street, th Wyoming Ave_ Ing Aveno wIth prOPe'l"ty ':Jnc. glang the :ast, 188,0i'fe~f~th 79delJree~' J~ Wyom_ 1fe1'ler:s a l~~~~u~s a 65a~~:~~c.e ~~1~t~~ ne wIth . ",ence ala ast 25.25 ~U:11' Clnd t~~~~:rYthNo. 140 n~}~~ldlvldlng and be e center f ng AVe- nutes West ~084nd. South 19 dO a partition eastern sid .48 f~t t eIlrees 40 ml !~e,nce Nart~ fci d said WYa~f~,lnt on f~ """ feet ro egrMS 20 Avenue BEGINNING a POInt, t'h'lnute" West 1 HAVING THE. e place ot ng house k EON ERE N1"CkEING nf,:n a,s 142WYom~JgElVS dw.lI_ alas Bu orne pr enue. Ochs, SlnglegaSh, slnvle ma~mlses which October 7 woman. b th and Rebe gerland c~u2,,<'t~3 :nd reior~Jr I~etehd dG~~ eed Beak 259 ecorder of 0 e Cum_ ve~:~'Mtt N.ICk:,~~eB~::~tfra~= ~~~~n P.O, Box 1enebohm, E."UI,,:lnllle man, - New C.umb Z~),*~r'andl pA 17070-0173 __ rney for ~!~Inf/ff Miscellaneous Notices IN THE ,OURTOF COMMON PLEAS CUMBERLAND COUNTY. PENMSYl.","Nl" NO. 0s.02458 Civil TerM CIVIL ACTiON-LAW MORTGAGE FORECLO'1URE MEMBERS 1st FEDERAL. CREDIT UNION PLAINTIFF "" NICKOLAS BUOOSH oa/k/a NICHOLAS BUGOSH DEFENDANT NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COL- L.ECTION PRACilCES ACT I AMRE- QU\REO TO INFORM YOU THAT THIS DOCUMENT AND AND SUBSEQUE:.NT CORRESPONDENCE OR COMMUNICA- TiON IS AN A'TTEMPT TO COLLECT A DEeT AND ANY lNFORMA'TION OS. TAl NED WILL BE USED FOR THAT PURPOSE BJ~~h Nlc:.l<.olas Bl.lljlosh a/k/a Nicholas you Qre herebY notifIed that on Decem- ber 7. 2005 the folloWing ludgment has been entered a"ainst you In ttl& abo'l8 co?t\oned case. Judgment In the above cOftloned proceed- InQ In favor 01 Members 15 Federal Credit Union, plaintiff, and against the Oetend. ant, Nickolas Bugosh alkla NIcholas Bugosh, In the amount of SeVENTY- THREE 'THOUSAND SIXTY-THREe. ANO 621100 ($13,063.62) plus Interest at the rate of $1 1 .6441 per daY through the date of pay- ment, InclUding on and after the date 01 en- try of the ludgment on the complaInt. addI- tional attorney's fees and cost 01 suite and for loreclosure and saJe of the morfgaged prO'Olerty. Judvment 15 entered pursuant to p(I.R.C.p. 3031 for falkJre to file an An5wer on behalf of oefendr;mt, Nickolas Bugosh alkla Nicholas Bugosh, to PlaIntiffs Com- plaint withIn twen\"( (.20) daYll 01 ~rv\a: thereot and after a 10-daY NotIce Wds pub- lished dnd pOsted upon themortgdged pr~erty pursuant to the order ot Court dated October 21, 2005 entered In the above <<lptloned matter. Per este medlo se Ie esta notltlcando que el 7, Oenm'On 'll)O5, .1Ik:! s..IQulente (Orden), {Decreto, (Folio) ho sldo anotado en Contra suya en el COSO menclonado en el e"lgrate. NOTICE If you wish fo detend, you must enter a wrItten appearance personallv or by attor- nev one tile your <.iele"s.e:s or oblectlon In writing with the court. You are warned that It youl all to do so the case may pro- ceed without you. YOU may 101& moonev or properlY or other rluhts ImPOrtant '0 yoU. YOU SHOU\..D TAKE THIS PApER TO YOUR LAWYER AT ONCE. IF you 00 NOT HAVE A LAWYER, GO TO OR TEL- EPHoNE THE OFFICE SET FORTH BE- LOW THIS OFFiCE CAN PROVIDE YOU t~~~~~ORN\ATION ABOUT HIRING A IF YOU CANNOTA'FFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 11'0 ELIGIBL.E PER- SONS AT A REDUCED FEE OR NO FEE. cum'oerlond CO'Jntf ear A5$Qc\al1on 2 LlberlY Avenue Carlisle, PA 11013 {717l 249.3166or {1lO0)990.9108 WRIT OR EXECUTION ANO/OR ATTACHMENT A writ of executIon has beeo.lssued by the Pn~t"onotClrY lor Cumberland County on December " 2005, dIrecting the Shllr.lff, of cumberlarid county to levY upon ond to ..II th'bproPtrty Q,scrlbed below to,aflsfy the de I, Int;reJt5, and cosh d\le Member 1st Fede,rq.l,Cretllt Union, Plaintiff In the above . captlo~ matler, trom NIckolas Bugosh a/k/o til.lcholas Bugosh. NOTICEOFSHERIFF'SSA~E OR'- To: Nlckola~EAL ESTATE I Bugosh Bugosh erlkla Nicholas Your house (real tat Avenue, Enolel, PA ~:Q25e) at 142 Wvomlng larly set forth d d' as more partleu. scheduled to be an escrlbed below, IS March B, 2006 at 1~~I:O ~t Sh~rlff's Sale on I 'hhe Sherl1t, Cumberlg,;:r. ~ the Office 01 OUIt, South Ha ounty Court- : 11013 to enforcen~her Street, carlisle, PA $73,063.62 obtained ebyco;::-t ludgment 01 Plaintiff against YOU '0 e above named ~OOTICE OF OWNER'S RIGHTS U MAY BE ABLE T THISSHERIFF'SSAl.E 0 PREVENT To ):Irevent the Sh Iff' take_ilnJ_medlate actlo~r 5 Sale, you must 1.'7f1e SherIff S I ' vou pay ~o the b a e will be cancelled 11 amount of the I~d~:e nfmed Plaintiff the back pavments I t n plus costs or the reasonable atto;ne~': 1~~ar3es, costs and how much you m t S ue. To 'Inti ovt Karl M. Ledeboh~s rfsa.Y'I' you may call 6929, ,u re, at (717)938- 2. You mQY be obi I Ing a petition aSking. t~ stoP the sate by fIl. o):len the ludgment 11 th e Ic~urt to strike or properlY entered 'ya e u gment was Im- court to postpone the sale ray al$O Clsk the 3. You may be bl or good cault. throuvh other legal p~oce :JJ 5tOP the sale ~~e~n y~t~~~~fa to asse:t yo~~Srlvh~ 'W.~ ,~ou wIll have of s~p~7~g ~~~ mfre chance ce below to 11nd out h sa e. (See no- attorneY. ow to obtain an yci&~ ~~pSJk~L BE ABLE TO SAVE ?:~i~L~I~~~~ l~~~1~J~~ ~HAi':. 1. lithe Sheriff's S I I ,E. properlY wlll be SOI/t: t~ nt~ stopped your 'fou moy Ilnd out Ih ,e ghest bidder the Sheriff at the coun~:~ICet~ld by calling 2. you may be bl tour ouse. to set aside the, s~'e" otO t'h't1~lo...n the Court grOSSly Inadequate com e .... prIce WQS 01 Your property , pared to the value 3, The IOlewlil g th er POYS the Shllrl; thror~h only 11 the buy. the sol,. To find out ~ t~ll tmount due In you may call the Sh I s as happened, Co4~rr~~~:e~rri~~~~ numt:f,s ~tst:: b;I:~ty paid to theSherl1f ~~~ ~I:r the buyer Is not !~_ of the property as If r"hmaln the own- ,.......petWd. e sale never 5. You have a right t erN until the fUll a 0 remaIn In the prop- Sheriff and the Sher::'~~ntl due Is ):laid to the buyer. At that tlm g ves a deed to tl'le legal proceedings to ~vr~: buyer may bring 6. You may be t t'_..You. monev wl'lld\ wa5en I ...... to a 5hare of the schedule 01 dlStrlb POId for YOIJr house. A lor your house WIlJutlon 01 the money bid i on.. {within thirty (~) ~'ed by the Sheriff ' Iff Sale}. Thls sched I avs after the Sher- be receIVIng t"at mo~:y wfl+~tate who will 1'~.~;Mliiit'~ Wlt~ ';'W~~~h~.'~ I ,1__ U 1J&""r<?o~\l(n ....tw lhl: : It.h,!b,! l1erl11 IN. Fi'iih'''"^ ..~.':fllId ) I.Jfe'sehedU1e'O{dl'-fff~-Fr;.aft. SherIff. u on Is tiled by the 7. You may also h ftn"~.p:r ways ot ave other rIghts and de- ffJioUGl:t.,mtnedlo.:rr:M your .house baCt YOU SHOULD . er tl'le sale . ' ~gUR LAWYER l'i'\iNt~'S PAPER TO FOT HAVE A LAWYER 0.' I F YOU DO RO ONE GO TO OR . CANNOT AF- OFFrCE LISTED BEL6ELEPHONE THE WHERE YOU CAN GET 't'e TO FIND OUT Cumberland C t GAL HELP 2 LIberty Avent~n y J5ar Association . CarHsle, Po 11013 (717) 249-3166 or (800}990-9 Th., Sherlff'!. PM. lOB 6390. ne number Is (717) 240- --The Le'VOIoescrfPtlon of the Propertv I,. asfollOW!o A\..L THAT CERTAIN lot or pIece 01 groond with Improvements thereon erected situate In East pennsboro townshIp, cum- berland County, pennsY\'IIonld, bour\ded and dllscrlbed In accordcmce with a survey made bY D.P. Raffensperger Associates" eTlVlneers and surveYOrS, dated F"bruary 4,1980,as101l0ws, to wit. BEGINNING at a point on the eostern side of wyomIng Avenue, sold poInt beIng referenced 460.00 lellt \1'1 0 !.ou'he\"IY dlrec.- tlon from the Inter5ectlon 01 wyoming Ave- nue and DauphIn Street, thence along the dlvldlnv line with property No. 144 Wvom- Ing Avenue, North 79 degrees 30 mlnmes Edst, 188.07 teet to a point, thence South 02 degrees 10 mInutes 05 seconds East 25.25 I,., to a point; 'het\Ce c.\onQ the dIVIding line wltl1 property No. 140 wyoming Ave. nue, and through the center of a portltlon waH and beyond, South 19 degrees 40 mi- nutes west, 18.4.48 teet '0 a poln' on ,he eastern sIde of saId wyomIng ,Avenue, t\1ence North 10 degreeS 20 minutes West 25.1) 1eet '0 a point, tne pldce 01 BEGINNING. HAVING THEREON ERECTED IS dwell- lI'Ig house known os 142Wyomlng Avenue. BEING the lame pram\!." whIch Nickolas Bugosh, single mall and Rebecca Ochs, single woman, bv their deed dated october 7, 1003 and recorded In the cum. berland County Recorder 01 Deeds OffIce In Deed Book 259, page 4696, granted ond cOrl- ""eved unto NIckolas BUgosh, single man. Karl M. Led.bohm, EI1Ii\l\re P.O. Box 173 New c.umberland, PA 17070-0173 {1\7l9316t19 Attorney for PlalntlH j , 1 r. :::l , CJ . , .. ,) .J < MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO, 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M Ledebohm, Esquire, hereby certify that on the 6th day of January, 2006, Notice of Judgment, Writ of Execution and Notice of Sheriffs Sale of Real Estate was served upon the Defendant in the above captioned matter by publication in the Cumberland Law Journal pursuant to the Order of Court entered in the above captioned matter. A copy of the proof of publication is attached hereto as Exhibit "A" January 30, 2006 .""~ ~bmitted /~ejQfl .Karl M. Ledebohm, Esq. Supreme Court ID #. 59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz .,;rPN(N~'R.';/ 6, c5(OOw 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. ORN TO AND SUBSCRIBED before me this IP 1-17 day of J -"! /1/ [) ,4 RY" ~ txl b L/ . . ;.. ~./..o "- <l. )C . Notary d /' /,.. - ,..-' __ /;..(. I(/i//~./ / C EXHIBIT "A" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County. Pennsylvania Civil Action-Law No.: 05-02458 Civil Term MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF VS. NICKOLAS BUGOSH. a/k/a NICHOLAS BUGOSH DEFENDANT MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT. I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT COR- RESPONDENCE OR COMMUNI- CATION IS AN ATIEMPT TO COLLECT A DEBT AND ANY IN- FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO: Nickolas Bugosh, a/k/a Nlcho~ las Bugosh You are hereby notified that on December 7, 2005 the following judgment has been entered against you in the above captioned case: . Judgment in the above captioned proceeding in favor of Members 1st Federal Credit Union. Plaintiff, and against the Defendant, Nickolas Bu- gosh, a/k/a Nicholas Bugosh, in the amount of SEVENTY-THREE THOU- SAND SIXTY-THREE AND 62/100 ($73,063.62) plus interest at the rate of $11.6447 per day, through the date of payment, including on and after the date of entry of the judg- ment on the complaint. additional attorney's fees and costs of suit and for foreclosure and sale of the mort- gaged property. Judgment is entered pursuant to Pa. R.e.p, 3031 for fail- ure to file an Answer on behalf of Defendant, Nickolas Bugosh, a/k/a Nicholas Bugosh, to Plaintiffs Com- plaint within twenty (20) days of selV- Ice thereof and after a 10-day No- tice was published and posted upon the mortgaged properly pursuant to the Order of Court dated October 27, 2005 entered in the above cap- tioned matter. Por este medio se Ie esta notifi- cando que el 7, Dezembre 2005, el/ la siguiente (Orden), (Decreto), (Fallo), ha sldo anotado en contra suya en el caso mencionado en el eptgrafe, NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are wamed that if you fail to do so the case may proceed without you. You may lose money or property or other rights impor- tant to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- FICE 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 LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. 3 CUMBERLAND LAW JOURNAL Cumberland . County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or . (800) 990-9108 WRIT OF EXECUTION AND/OR ATTACHMENT A writ of execution has been is~ sued by the Prothonotary for Cum- berland County on December 7, 2005, directing the Sheriff of Cum- berland County to levy upon and to sell the property described below to satisfy the debt, interests and costs due Members 1st Federal Credit Union, Plaintiff in the above captioned matter, from Nickolas Bugosh, a/k/a Nicholas Bugosh. NOTICE OF SHERIFF'S SALE OR REAL ESTATE To: Nikolas Bugosh, a/k/a Nicho- las Bugbsh Your house (real estate) at 142 Wyoming Avenue, Enola, PA 17025, as more particularly set forth and described below, 1s scheduled to be sold at Sheriffs Sale on March 8. 2006 at 10:00 a.m. in the Off:lce of the Sheriff. Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $73,063.62 ob- tained by the above named Plaintiff against you. 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: 1. The Sheriff Sale will be can- celled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay. you may call Karl M. Ledebohm, Esquire, at (717) 938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judg- ment, if the judgment was improp~ erly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceed- ings. 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 below to find out how to ob- tain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERlY 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 the Sher- iff at the County Courthouse. 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 prop- erty. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Court- house, which number is listed be- low. 4 . . CUMBERLAND LAW JOURNAL 4. If the amount due from the buyer is not paid to the Sheriff. you will remain the owner of the prop~ erty as if the sale never happened. 5. You have a 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 distribu- tion of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This sched- ule will state who will be receiving that money. The money will be paid Qut in accordance with this sched- ule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of dis- tribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act imme- diately after the sale. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TIiE OFFICE UST- ED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Uberty Avenue Carlisle, PA 17013 (717) 249-3166 or (8001 990-9 I 08 The Sheriffs phone number is: (717) 240-6390. The Legal Description of the Prop- erty is as follows: ALL THAT CERTAIN lot or piece of ground with improvements there- on erected situate in East Pennsboro Township, Cumberland Cormty, Perm- sylvania, bounded and described in accordance with a survey made by D.P, Raffensperger Associates, En- gineers and Surveyors, dated Feb- ruary 4, 1980, as follows, to wit: BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet 1n a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing line with prop- erty No. 140 Wyoming Avenue, and through the center of a partition wall and beyond, South 79 degrees 40 minutes West, 184.48 feet to a point on the eastern side of said Wyoming Avenue; thence North 10 degrees 20 minutes West 25,0 feet to a point. the place of BEGINNING. HAVlNG TIiEREON ERECTED a dwelling house known as 142 Wyo- ming Avenue. BEING the same premises which Nickolas Bugosh, single man and Re- becca Ochs, single woman, by their deed dated October 7, 2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259. page 4696, granted and conveyed unto Nickolas Bugosh, single man. KARL M. LEDEBOHM. ESQUIRE Attorney for Plaintiff P.O. Box 173 New Cumberland, PA I 7070-0i 73 (7 I 7) 938-6929 Jan. 6 5 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs NICKOLAS BUGOSH alkJa NICHOLAS BUGOSH NO. 05-02458 Civil Term DEFENDANT . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 6ili day of January, 2006, Notice of Judgment, Writ of Execution and Notice of Sheriff s Sale of Real Estate was served upon the Defendant in the above captioned matter by publication in the Cumberland Law Journal pursuant to the Order of Court entered in the above captioned matter. A copy of the proof of publication is attached hereto as Exhibit" A" January 30, 2006 Respectfu/ submitted, l0ei2Q~v Karl M Ledebohm, Esq Supreme Court 10 # 59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 t(Q)[p1f PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEAL TH OF PENNSYL VANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz JP/vVH'R.';I 1/;, &OOtO 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. ORN TO AND SUBSCRJBED before me this &,f-h day of J";VV,4RY,, ~t;0b ~ <~) f;. xl/'(//M/ Notary EXHIBIT "1\." CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County. Pennsylvania Civil Action-Law No.: 05-02458 CMI Term MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF vs. NICKOLAS BUGOSH. a/k/a NICHOLAS BUGOSH DEFENDANT MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT. I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT COR- RESPONDENCE OR COMMUNI- CATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY IN- FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO: Nickolas Bugosh, a/k/a Nicho- las Bugosh You are hereby notified that on December 7, 2005 the following judgment has been entered against yOU in the above captioned case: . . Judgment. in the above captioned proceeding in favor of Members 1st Federal Credit Union, Plaintiff, and against the Defendant. Nickolas Bu- gosh, a/k/a Nicholas Bugosh, in the amount of SEVENlY -THREE TI-IOU- SAND SlX1Y-THREE AND 62/100 ($73,063,62) plus interest at the rate of $11.6447 per day, through the date of payment. including on and after the date of entry of the judg- ment on the complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mort~ gaged property, Judgment is entered pursuant to Pa. R.C.P. 3031 for fail- ure to file an Answer on behalf of Defendant, Nickolas Bugosh, a/k/a Nicholas Bugosh, to Plaintiffs Com- plaint within twenty (20) days of serv- ice thereof and after a lO-day No- tice was published and posted upon the mortgaged property pursuant to the Order of Court dated Octoher 27, 2005 entered in the above cap- tioned matter. Por este medic se le esta J1otifi- cando que el 7, Dezemhre 2005, ell la siguiente (Orden), (Decreto}, (Fallo}, ha sido anotado en contra suya en el caso menc1onado en el epigrafe. NOTICE If you wish to defend, you must enter a wr1tten appearance person~ ally or by attorney and file your de~ fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you. You may lose money or property or other rights frnpor~ tant to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVlDE 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 LE- GAL SERVlCES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. 3 CUMBERLAND LAW JOURNAL Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 or' (800) 990-9108 WRiT OF EXECUTlON AND/OR ATIACHMENT A writ of execution has been is- sued by the Prothonotary for Cum- berland County on December 7, 2005, directing the Sheriff of Cum- berland County to levy upon and to sell the property described below to satisfy the debt, interests and costs due Members 1st Federal Credit Union, Plaintiff in the above captioned matter, from Nickolas Bugosh. a/k/ a Nicholas Bugosh. NOTICE OF SHERiFF'S SALE OR REAL ESTATE To: Nikolas Bugosh. a/k(a Nicho- las Bugbsh Your house (real estate) at 142 Wyoming Avenue, Enola. PA 17025, as more particularly set forth and described below, is scheduled to be sold at Sheriffs Sale on March 8. 2006 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $73,063.62 ob- tained by the above named Plaintiff against yOll. 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: 1. The Sheriff Sale will be can- celled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717) 938-6929. 2. You may be able to stop the sale by filing a petition asking Ihe Court to strike or open the judg- ment, if the judgment was improp- erly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceed- ings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you win have of stopping the sale. (See notice below to find out how to ob- tain an attorney.J YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RiGHTS EVEN IF THE SHERiFF'S SALE DOES TAKE PLACE. I. 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 the Sher- iff at the County Courthouse. 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 prop- erty. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened. you may call the Sheriff at the County Court- house, which number is listed be- low. 4 CUMBERLAND LAW JOURNAL 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the prop- erty as if the sale never happened. 5. You have a 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 distribu- tion of the money bid for your house will be filed by the Sheriff on (wlthln thirty (30) days after the Sheriff Sale). This sched- ule will state who will be receiving that money. The money will be paid out 111 accordance with this sched- ule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of dis- tribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act imme- diately after the sale. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TElEPHONE TIlE OFFICE US[- ED BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 or (800) 990-9108 The Sheriffs phone number is: (7 17) 240-6390. The Legal Description of the Prop- erty is as follows: ALL THAT CERTAIN lot or piece of ground with improvements there- on erected situate in East Pennsboro Township. Cumberland County, Penn- sylvania, bounded and described in accordance with a survey made by D.P. Raffensperger Associates. En- gineers and Surveyors. dated Feb- ruary 4, 1980, as follows, to wit: BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street: thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing line with prop- erty No. 140 Wyoming Avenue, and through the center of a partition wall and beyond. South 79 degrees 40 minutes West, 184.48 feet to a point on the eastern side of said Wyoming Avenue: thence North 10 degrees 20 minutes West 25.0 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as 142 Wyo- ming Avenue. BEING the same premises which Nickolas Bugosh, single man and Re- becca Ochs, single woman, by their deed dated October 7, 2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259. page 4696, granted and conveyed unto Nickolas Bugosh, Single man. KARL M. LEDEBOHM. ESQUIRE Attorney for Plaintiff P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Jan. 6 5 S) .," ..-.> ~~"~ -~ ! ,', ..,., en c;.:) I -;J -'~; (.') -T1 :r.,., M'P -rll:q '('.:Ill ?">r) J.';=, '.::;~} c~~ ~~:~' ....,. Co '< o N ~.- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Viktor I Ogjr.Nina N Ogir and Tatvana V Ogir is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 7th day ofDec, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 2458, at the suit of Members 1st Fed Cr Un against Nickolas Bugosh aka Nicholas Bugosh is duly recorded in Deed Book No. 274, Page 253. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and seal of said office this / f day of Il~ , A.D. ;;~ C, ecorder of Deeds . CaunIy, CoItIl1Io, PA El1pIreothoFirllMondilyalJ... 3.DIO AMENDED RETURN This affidavit is amended to reflect the correct documents posted at 142 Wyoming Avenue, Enola, Cumberland County, Pennsylvania Members 1st Federal Credit Union VS Nickolas Bugosh aIkIa Nicholas Bugosh In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2458 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, Nickolas Bugosh aJk/a Nicholas Bugosh, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Nickolas Bugosh aJk/a Nicholas Bugosh. The house located at 142 Wyoming Ave., Enola, PA 17025 is vacant. The house located at 4806 Virginia Road, Mechanicsburg, P A 17055 is occupied by the defendant's mother. The mother states the defendant does not reside with her at 4806 Virginia Rd., Mechanicsburg, P A. J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 10:00 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice of Sheriffs Sale, Notice of Judgment, Sheriffs Sale Poster and Property Description, in the above entitled action, upon the property of Nickolas Bugosh aJk/a Nicholas Bugosh, located at 142 Wyoming Ave., Enola, Pennsylvania, according to law. 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 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $75,000.00 to Viktor Ogir. It being the highest bid and best price received for the same, Viktor Ogir of 142 Wyoming Ave, Enola, P A 17025-2428 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $78,191.80. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 1,500.00 15.00 15.00 30.00 10.00 .50 1.00 28.16 1.95 15.00 Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 20.00 .78 329.00 287.60 21.05 25.00 39.50 $ 2,369.54 Sworn and subscribed to before me 2006, A.D. ~~ --/~ r ~1-- ~ R. Thomas Kline, Sheriff BY ~ \~tW1~ Real Estate geant Jv-A- 3/').00 ~ ). ::,1) ~ 531"'1'1 ~ 1717'1L MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs NICKOLAS BUGOSH alkfa NICHOLAS BUGOSH NO.: 05-02458 Civil Term DEFENDANT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1'1 Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, PA 17025. I. Name and address of owner(s) or reputed owner(s) Nickolas Bugosh alkla l'Iicholas Bugosh 142 Wyoming Avenue Enola, PA 17025 Nickolas Bugosh alk/a Nicholas Bugosh 4806 Virginia Road Mechanicsburg, P A 17055 2. Name and address of defendant(s) in the judgment: Nickolas Bugosh aJk/a Nicholas Bugosh 142 Wyoming Avenue Enola, P A 17025 Nickolas Bugosh aJk/a Nicholas Bugosh 4806 Virginia Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: ~())fQ)~ ~ , 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 5. Name and ~rldress of every other person who has any record lien on the property 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 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 1701:3 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 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. Section 4904 relating to unsworn falsification to authorities. - Date: rZ---1--cS arl M. Ledebohm, Esq. Supreme Court ID #: 59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NICKOLAS BUGOSH alkla NICHOLAS BUGOSH NO.: 05-02458 Civil Term DEFENDANT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OR REAL ESTATE To Nickolas Bugosh alkla Nicholas Bugosh 142 Wyoming Avenue Enola, PA 17025 Nickolas Bugosh alkla Nicholas Bugosh 4806 Virginia Road Mechanicsburg, P A 17055 Your house (real estate) at 142 Wyoming Avenue, Enola, PA 17025, as more particularly set forth and described on Exhibit" A" attached hereto and made part hereof, is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 10:00 am. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013 to enforce the court judgment of$73,063.62 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOTT MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 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 postp'one the sale for good cause. 3, You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The. sooner you contact one, the more ,. chance you will have of stopping the sale. (See notice below to find out 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. I. 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 the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 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 a 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 on (within thirty (30) days after the Sheriff 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 schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THJS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association . 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)990-9108 0.. The Sheriff s phone number is: (717)240-6390. 17070-0173 ~ SCHEDULE OF DISTRIBUTION SALE NO. 45 Date Filed: April 07, 2006 Writ No. 2005-2458 Civil Term Members 1st Federal Credit Union VS Nickolas Bugosh aJk/a Nicholas Bugosh 142 Wyoming Ave. Enola, P A 17025 Sale Date: Buyer: Bid Price: March 08, 2006 Viktor Ogir $75,000.00 Real Debt: Interest: Attorney Costs: $73,063.62 3,551.63 348.82 Total: $76,964.07 DISTRIBUTION: Receipts: Cash on account (12/12/2005): Cash on account (03/08/2006): Cash on account (03/24/2006): Total Receipts: I L $ 1,500.00 7,500.00 70,691.80 $79,691.80 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland Co. Tax Claim Bureau Debbie Lupoid, Tax Collector East Pennsboro Township Members 1st Federal Credit Union Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: ~~ 1~t:~~~ R. Thomas Kline Sheriff $ 2,369.54 200.00 745.90 745.90 1,255.46 231.50 867.26 1,500.00 71,776.24 ($79,691.80) 0.00 . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITIING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 45 Held Wednesday, March 8, 2006 Date: March 8, 2006 TAXES: Receipts for all taxes for the years 2004 to 2005 inclusive. Taxes for the current year 2006. 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 Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Nickolas Bugosh and Rebecca Ochs by deed October 7, 2003, and recorded October 17, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 259, Page 4696, granted and conveyed to Nickolas Bugosh. 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 roadbed of Wyoming Avenue. . 6. Private rights in party wall forming a portion of the boundary lines for the subject premises. 7. Mortgage in the amount of $70,500.00 given by Nickolas Bugosh to Members First Federal Credit Union, dated October 7, 2003 and recorded October I7, 2003 in Mortgage Book 1841 Page 1922. Complaint in mortgage foreclosure filed by Members First Federal Credit Union as Plaintiff against Nickolas Bugosh, also known as Nicholas Bugosh, as Defendant in the Office of the Prothonotary of Cumberland County to File No. 2005-2458. Judgment in the amount of $73,063.62 entered November 9, 2005. 8. Mortgage in the amount of $19,798.00 given by Nickolas Bugosh to Members First Federal Credit Union dated April 16, 2004 recorded April 22, 2004, in Mortgage Book 1862, Page 349. 9. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,247.21 at the time of the subject Sheriff sale. 10. Municipal lien in the amount of $710.76 entered by East Pennsboro Township as Plaintiff against Nickolas Bugosh as Defendant, in the Office of the Prothonotary of Cumberland County on February 6, 2006, to File No. 2006- 752. 11. Possible claim for Pennsylvania Department of Revenue for realty transfer tax owed. Transfer dated April 28, 2000, and recorded May 1,2000, in Deed Book 220, Page 248. Said deed recites a consideration of "EIGHTY THOUSAND ($27,500.00) DOLLARS". Realty transfer tax was paid on $27,500.00, but not on the stated consideration of $80,000.00. 12. Building and use restrictions set forth in instrument recorded in Deed Book "Y," Volume 6, Page 99. 13. Under and subject to easement given by Enola Realty Company to Judson R. Kurtz for utility easements and public railway service in public streets dated October 3, 1905 and recorded October I I, 1905 in Deed Book "W," Volume 6, Page 6. 14. 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. It is to be noted that no notice appears to have been given to East Pennsboro Township. 15. Real estate taxes accruing on and after July 1,2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. \~-J. ~ I Ro6ert G. Frey, Agent Note: This Title Report shall not be valid or i ing until countersigned by an authorized signatory. - . C /- ~ ESTATE SALE NO. 45 N"n~lS8~ Members 1st Federal Credit Unton va. Nickolas Bugosh a/I,/a Nicholas Bugosh Atty.: Karl Ledebohm EXHIBIT "A" ALL THAT CERTAIN lot or piece of ground with improvements there- on erected sUuate In East Pennsboro Township. Cumberland County I Pennsylvania. bounded and described In accordance with a survey made by D.P. Raffensperger Associates. Engineers and Surveyors, dated February 4. 1980, as follows. to wit: BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet In a southerly direction from the Intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02- degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing line with prop- erty No. 140 Wyoming Avenue. and through the center of a partition wall and beyond. South 79 degrees 40 minutes West, 184.48 feet to a point on the eastern side of said Wyoming Avenue; thence North 10 degrees 20 minutes West 25.0 feet to a point, the place of BEGINNING. HAVlNG THEREON ERECTED a dwelling house: known as 142 Wyo~ mlng Avenue. BEING the same premises which Nickolas Bugosh. single man and Rebecca Ochs, single woman, by their deed dated October 7. 2003 and recorded In the Cumberland '<founty Recorder of Deeds Office in peed Book 259. page 4696. granted and conveyed unto Nickolas Bugosh. Single man. ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by D.P. Raffensperger Associates, Engineers and Surveyors, dated February 4, 1980, as follows, to wit: BEGINNING at a point on the eastern side of Wyoming Avenue, said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dividing line with property No. 144 Wyoming Avenue, North 79 degrees 40 minutes East, 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 2525 feet to a point; thence along the dividing line with property No. 140 Wyoming Avenue, and through the center of a partition wall and beyond, South 79 degrees 40 minutes West, 18448 feet to a point on the eastern side of said Wyoming Avenue; thence Narth 10 degrees 20 minutes West 250 feet to a point, the place of BEGINNING HAVING THEREON ERECTED a dwelling house known as 142 Wyoming Avenue BEING the same premises which Nickolas Bugosh, single man and Rebecca Ochs, single woman, by their deed dated October 7,2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259, page 4696, granted and conveyed unto Nickolas Bugosh, single man. EXHIBIT" A" WRIT OF E~CUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2458 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1 ST FEDERAL CREDIT UNION Plaintiff (s) From NICKOLAS BUGOSH a/k1a NICHOLAS BUGOSH ,142 Wyoming Avenue, Enola, PA 17025; and Nickolas Bugosh alkla Nicholas Bugosh, 4806 Virginia Road, Mechanicsburg, P A 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell All that certain tract of ground together with improvements erected thereon situate in East Pennsboro Township, Cumberland County Pennsylvania, known and numbered as 142 Wyoming Avenue, Enola, PA 17025 and as more particularly set fortb and described on Exhibit" A". 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 bas been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant{s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due73,063.62 L.L.$.50 Interest from 5/6/05 at tbe rate of $11.6447 per day to be added Atty's Comm % Due Prothy $1.00 Atty Paid $348.82 Other Costs Plaintiff Paid Date: December 7, 2005 (Seal) By: Deputy REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: P. O. Box 173 New Cumberland, PA 17070-0173 Attorney for: Plaintiff Telephone: 717-938-6929 Supreme Court ill No. 59012 0, _. c' 3:i .,J ~ i . Real Estate Sale # 45 On December 12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 142 Wyoming Ave., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2005 BY:J~~ Real Estate Sergeant i(tl cd 9- 310 . IIjj~\~~OjH1H;I~lN~lam e c;:j;} i I&iI PR(JOF 01;' PUBLICATION OF NOTICE 1\ CUMBERLAND LAW JOURNAL (Under ACI '\0.587, approved May 16, 1929), P. L.1784 STATE OFPENNSYLVAl\i \ : ss. COUNTY OF CUMBERLA '\i) : Lisa Marie Coyne, F.;quire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly S\\ "'ll, according to law, deposes and says that the Cumberland Law Journal, a legal periodical publl,lled ill the Borough of Carlisle in the County and State aforesaid, was established January 2. ~2, :llld de:;i;;nated by the lonl courts as the official legal periodical for the publicatioll I! ,Illlc,;al notices, and has, sillecianuary 2, I952, been regularly issued weekly in the said CUi,li:V, alld that the printed notice or publication attached hereto is exactly the same as was prilll,'I! in the regular editions and iSSlles of the said Cumberland Law Journal on the following datcc; VIZ: January 20,2". F'ebruary 3,2006 Affiant further depos, ,llat he is authorized to verify this statement by the Cumberland Law Journal, a legal periodic:" !IC gelleral circulation, and that he is not interested in the subject matter of the aforesaid noli,' or advertisement, and that all allegations in the foregoing statements as to time, pl:ice a. , ilaracter of publication are true. ~ S W RN TO AND Sl BSCRIBED before me this __...l-day of _February, 2006 ~~~~. ~&d~/v .......--..J~~'Rt;~';". '''I L 01" .IlSElk ! LOIS E. SNYDER, Notary Public I Carlisle Boro. Cumberland COlintv . .MY~~~i?~~!::~;::;:23:0i:C!,~ i< :'\ \ii1"' , .,Lk,_ , Il&AL DTAft MLB 1'10. 4lI Writ No. 2005-2458 CMI Members 1st Federal Credit Union vs. Nickolas Bugosh a/k/a Nicholas Bugosh Atty.: Karl Ledebohm EXHIBIT "A" ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate 1n East , Pennsboro Township. Cumberland . County, Pennsylvania. bounded and deecrlbed In accordance with .. aur- vey made by D.P. Raffenaperger Aaaoclates, Engtneers and Survey- ors, dated February 4. 1980. as follows, to wit: BEGfNNING at a point on the eastern side of Wyoming Avenue. said point being referenced 460.00 feet in a southerly direction from the intersection of Wyoming Avenue and Dauphin Street; thence along the dMdtng line with property No. 144 Wyoming Avenue. North 79 degrees 40 minutes East. 188.07 feet to a point; thence South 02 degrees 10 minutes 05 seconds East 25.25 feet to a point; thence along the dividing l1ne with prop- erty No. 140 Wyoming Avenue, and through the center of a partition wall and beyond, South 79 degrees 40 minutes West. 184.48 feet to a point on the eastern side of said Wyoming Avenue; thence North 10 degrees 20 minutes West 25.0 feet to a point. the place of BEGINNING. HAVING THEREON ERECTED a dwe1l1ng house known as 142 Wyo- ming Avenue. BEING the same premises which Nickolas Bugosh. single man and Rebecca Ochs. single woman. by their deed dated October 7, 2003 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 259. page 4696, granted and conveyed unto Nickolas Bugosh. sillgle man. .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Conunonwealth ofpennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwea1th 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 genera! 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 daily and/or Sunday! Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and' empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #45 Sworn to and subscribed befo me NOT PUBLIC My conunission expires June 6, 2006 . 'i CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTIIOUSE CARLISLE,PA.17013