The URL can be used to link to this page

Home My WebLink About00-00923 , BROADVIEW MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY L. PROUGH AND JENNY R. PROUGH NO. ..:looo - 9;t-3 C~l{~ vs. Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE You have been sued in court. If you wish to defend against the claims set for~h in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTa DE VISTA DE US TED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE, SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN.SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMl\NDA. paR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CaNaCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 ",,,~. t' ' BROADVIEW MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. TIMOTHY L. PROUGH AND JENNY R. PROUGH Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ~~ '" BROADVIEW MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ..2..c-c.ro _ 9.2 -3 C;;.n:t -r ~ TIMOTHY L. PROUGH AND JENNY R, PROUGH Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, BROADVIEW MORTGAGE COMPANY, is a corporation with an address of 95 East Wilson Bridge Road, Worthington, Ohio 4:3085. 2. Defendant, TIMOTHY L. PROUGH, is an adult individual whose last known address is 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. Defendant, JENNY R. PROUGH, is an adult individual whose last known address is 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. 3. On or about August 31, 1998, the said Defendants e~ecuted and delivered a Mortgage Note in the sum of $80,070.00 payable to BROADVIEW MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. "1-- ,,~ "" 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 79,396.16 (b) Interest at $15.22 per day from 7/1/99 to 3/1/00 (based on contract rate of 7.000%) 3,698.46 (c) Accumulated Late Charges 0.00 (d) Late charges at $21.30 per month for 8 months 170.40 (e) Escrow 0.00 (f) 5% Attorney's Commission 3,969.80 $ 87,234.82 *Together with interest at the per diem rate noted in (b) above after March 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not """ 0 0_ ., 'f, ',~,' ". " ,,' "" I required in that the original principal balance exceeds $50,000.00. 10, Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($15.22 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described, By'UR~.;r;R Leo P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 """<1"1I' ~ , , NOTE THIS LOAN IS NOT ASSUMAB~E WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. AUGUST 31, 1998 IDalel HARRISBURG ICily] PENNSYLVANIA [State] 105 FOURTH ST, NEW CUMBERLAND, PA 17070 (Property Address]' 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 80,070.00' (this amount is called "principal"), plus interest, to the order of the Lender. The Lenderis BROADVI EW MORTGAGE COMPANY, 95 E. WILSON BRIDGE ROAD, WORTHINGTON, OH 43085 I understand that dIe Lender may transfer this Note. The Lender or anyone who lakes dlis Note by transfer and who is en tided to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payment' every mondl. I will make my monthly payments on dle l5T day of each month beginning on OCTOBER, 1998 I will make dlese payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on SEPTEMBER 1, 2028 , I still owe amounts under this Note, I will pay dIOse amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at BROADVIEW MORTGAGE COMPANY, 95 E. WILSON BRIDGE ROAD, WORTHINGTON, OH 43085 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My mondlly payment will be in dIe amount of U.S. $ 532.71 4. BORROWER'S RIGHT TO PREPAY I have dIe right to prepay at any time, widlOul premium or fee, dIe entire debt evidenced by this Note, or any part thereof nOlless dlan the amount of one insUlllment, or $100.00, whichever is less. Any prepaymenl in full of the debt shall be crediled on the dale received, and no interesl may be charged afLer dlUt date. Any partial prepayment made on any day other than an insUlllment due date need not be crediled until the next following insUlllment due date or 30 days after the date of the partial prepayment, whichever is earlier. MULTISTATE FIXED RATE NOTE. Single Family. UNIFORM INSTRUMENT ITEM 3418L 1 (9508) Docld 0000001588 (Page 1 of] page,,) GREATLA.NO. To Ordor Call: \.800-530-93930 Fax 61fH9H 131 ACCT# 880623 E Xh IV! t \'A'I ,"~ ' 'I ".' '" ,- 'C','" ," . ~. . , ' ~ - "', - 5. LOAN CHARGES If a law, which applies to this loan and which seL~ maximum loan charges, is finally interpreted so (hat the interest or other loan charges collected or to be collected in connection with Olis loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by Ole amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make Olis refund by reducing the principal I owe under Olis Note or by making a direct paymcnt to me. If a refund reduces principal, OlC reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If Ole Note Holder has not received Ole full amount of any monOlly payment by the end of F I FTEEN*******calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.00 % of my overdue payment. I will pay tllis late charge promptly but only once on each late payment. (ll) Default ' If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Det'ault ' If lam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder docs not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, Ole Note Holder will have the right to be paid back by me for all of its costs mId expenses in enforcing Olis Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different meOlod, mlY notice that must be given to me under Olis Note will be given by delivering it or by mailing it by first class mail to me at the Propcrty Address above or at a different address if I give thc Notc Holder a notice of my different address. Any notice that must be given to Ole Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at lllCaddress slated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If inore than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including 111e promise to pay Ole full amount owed. Any person who is a guarantor, surely or endorser of OIis NOle is also obligated to do these things. Any person who takes over these obligations, including Ole obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforcc its rights undcr this Note against each person indiVidually or against all of us together. This means that anyone of us may be reqnired to pay all of the amounts owed under this Note. 9. WAIVERS I and any oOlcr person who has obligations undcr this Note waive'thc rights of presenunent and notice of dishonor. "Prescnunent" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons Olat mnounls due have not been paid. ITEM 341BL2 (950B) Docld 0000001588 (Page 2 of 3 pages) GR~ATlAND. To Order Call: 1-S00-S30-93930Fax616-79H131 ACCT# 880623 ~Ir " ~ . 10. UNIFORM SECURED NOTE This Notc is a uniform instrumcnt WiUI limited variations in somc jurisdictions. In addition to U1C protections givcn to UIC Note Holdcr undcr this Notc, a Mortgagc, Decd of Trust or Sccurity Dccd (thc "Sccurity Instrument"), dated U1C same date as this Note, protects thc Notc Holder from possible losses which might rcsultif I do not kecp the promises which I makc in this Note. That Security Instrument deseribcs how and under what conditions I may be required to'make immediate payment in full of all amounts I owe under ulis Note. Some of dIose conditions are d<;scribed as follows: Trallsfer of the I'roperty. This loan may be declared immcdiately due and payablc IIpon transfer of the ProperlY securing sllch loan to any transfercc, unless lhe acceptability of the assumption of the loan is established pursuallt to Section 3714 of Chapter 37, Tide 38, United States Code. If Lcnder exercises this option, Lender shall give Borrower notice of aceeleration. The notice shall provide a period or 1I0t less dUIlI 30 days rrom dIe date UIC notice is delivercd or mailed witllin which Borrower must pay all sums secured by this Security Iostrumcnt. If Borrower litils to pay ulese sums prior to the expiration of this period, Lcnder may invoke any rcmedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and aeknowlcdgcs receipt of pages I ulrough 3 of this Note. -Bo~;~2r ~fv'~~\~L~ (Seal) ~Borrower (Seal) -Borrower (Seal) -Borrower ISign Original Only] .ilTHOUT RECOURSE, F!A'l TO THE ORDER OF: ~:;; llYt _., .... Mat1ha Barnhart AiJ~ant Srr.:ro\ary ITEM 341BL3 (9508) Docld 0000001588 (Page 3 af 3 pages) GAEATlANO. To Order Call: 1-800.S30-93930 Fax 616-791-1131 ACCT# 880623 "'1 ' '." . - ^LL Hlf F'illLOWWG lot or :llot of Qruur.d vltn ,\ O...."'lllnQ IlQ~tqt' erecled \tl11non, ,t lU.llw. 1n tt:Q 9(,>1 ollqh ot l~n Cutlbsrl anc: , 111 ~hQ ~autllr 01 ClIlbE'rl.\ntl, olnd. SloltE' of rl?nl1,ylv.l.nL,lj bounded f.nd,dt'~c:r1blt'J ~, 101 to...." to 10'1.l t flEiilNNIMl ,It L~~ corn~" ul U.:ller Slrt~-e~ .lnu rOUt tit ~lrp!'tl lln'IlCII 'Jo\l!h .llonq r~urlh Sln"t 713 fl"t'l ",ore or ~,!,>'... lo " (lon.., .3 fr-~t. South o~ lhl! l)..eLlltlQ t1eIlJ!.(' E'ruchd tt.~reon "I\C 94 hrt 9 lnct.." tJnrlh Iro,l HIp. I~orth 110. of W.dnld. Alll'"y; lllf'ncz: lIIr.n ~A hGl, ..lClilq 1.1"<" no" or 1~r,'Urly o( Sl'.urt J(. Sltu"11nlf to .L ,lol'\p North ".0.. Hll1 lJ~lnut AIle"" 611 {~~l ; Int,n'!', .,l lilUI' at Lot /'10. ~q, nllrlll1U no\.! 01' tor7lf'rl)' by ~h."n_n lIull ro"lAle; lhenCIf ~orth alonq uid line 7(1 ilHt ..~tr~ or 1~'H. lu 'oIIAter Str~eli IhpnCll E^al:'lS 'ff'l't .llonQ IlJ~er St",:H tc:l tl~:! plHi' 01 IH:::;1l..N[NO, i l bl?inq p..n 'Jf Lot lJa~ ::~ ,u bown in lh" !kH'a~\lJtI fl.tf\ 0'" He'" ':u.b.e"~"'r\d. ll/WIl~G ll'I'Pr!'or> ere c lee ... '!i i nq le 1l'olt-111nq' ~nown H : 2~ ~ot.lr 111 S l rev 1. AL T A Commitment Schedule C (P113804/1 ) bhLbit- "BI' I~" , r, ,~:'". ','.'~ ~ VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, BROADVIEW MORTGAGE COMPANY, and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 14, 2000 ~ Leah P. Haller, Esquire , ',1' ,~,....., , ~. " , ~, " , ALL-STATE LEGAL SUPPLY CO. FORM NO. ' 67152,BF.S71 5:3-IOIL- 67155,GY '67156,WH - r! I I i ~~~I; r ii~~ IZ ~ ;: i , i ~H \ ~ I~ !~ ~ i i::!l c ~ I; i~ I R- i I I ~i '" ~ ~ L~ ~-TV ~!f.. ra,~ ~~!~. '6c \Y !!:l ~ ~r ~ . bn "U ~ t', '- r (,) .-.{U - :a~ ~ ~t~ ~ - f ........ .., . IUP.t ~ (:l ~ ~ h ~ '0' () ~~ '" .t I I V ~ ~ ::cJ {~ lJ '6' ~ ~ t '-C.. ~} Z~ q ::"': '-fl - " :Tl cO C"\ (; .'r:~ -. .--"-' , . "",. ',---' ) ;,;,; :.,. :~ '~;J ~< (1\ .. " ...' ,. " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROADVIEW MORTGAGE COMPANY VS PROUGH TIMOTHY L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH TIMOTHY L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 12th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Perry Co 68.20 .00 105.20 04/12/2000 PURCELL, KRUG & HALLER County Sworn and subscribed to before me this /3 ~ day of ~ '. ~n:ro A.D. ~a.~,~. Prothonotary -;<'i, ~ ~ 'I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROADVIEW MORTGAGE COMPANY VS PROUGH TIMOTHY L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH JENNY R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 12th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/12/2000 PURCELL, KRUG S1?:~<~ R (Thomas Kline/ " Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this /3 ~, day of ~ J-o-v-o A. D . ~r' . Q~n,.oi,.:;~-;;, prothonotar '., ," r r' ,. In'The Court of Common Pleas of Cumberland County, Pennsylvania Broadview Mortgage Company VS. Timothy L. Prough, et. al. Serve: Timothy L. Prough Now, 3/6/00 No.' 20-923 Civil PfJ\SONAl SEHVICE OKL~ ,2000 , I, SHERIFF OF CUMBERLAND COUNTY, P A,do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ Now, fY\MJ1 ;L< a -h tvL { a. i-tskd and made known to h 7M ( ''k Affidavit of Service , 20~at '1: lfl o'clock tl M. served the copy of the original Cfm'lp/fl~ml-, ~ rnor+8o.r -rVrd>5u!"& the contents thereof. ' Sworn and subscribed before me this iP:tJL day of (l-,4'-r / ," 'NOTARI LS ',.p MARGARET F. FlICKINGfR,WOTARYPUBUC BWClMFlEUl I\IlRt'J:;.l'ERRYCOU!llY MY C~ISjiION f,XP1RES FER 16 2004 ,~ 'r So answers, at:~ ~ Sheriff of ~rr~ Conn PA 20 tn> '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ ..'~ SHERIFF'S RETURN In the Court of Common Pleas of Perry County, Pennsylvania Broadview Mortgage Company vs Jenny R. Prough 7 Plautz Rd. Duncannon,Pa.17020 NO. 2000-923 George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant to wit, Jenny R. Prough at 7 Pfautz Rd. Duncannon, Pa, 17020, but was unable to locate himlher in his bailiwick. He therefore returns the Complaintin Mortgage Forclosure, NOT FOUND ", as to the within named Defendant Jenny R. Prough. Defendant is thought to be in the Lewistown, Pa. area. Sworn and subscribed to before me this _ day of ,2000. S~J George W. Frownfelter Sheriff of Perry County , BROADVIEW MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ~D- qn do~ (~VLp) TIMOTHY L. PROUGH AND JENNY R. PROUGH Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE You have been sued in court. If you wish to defend against the claims set forth in tne following pages, you must take action within tWenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you: You are warned that if you fail to do so the case may p~oceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ~FFORD 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 Ave" Carlisle, PA l70l3 717-249-3166 Legal services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE; SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. REctlERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO.SIN.SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL PEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 717-243-9400 170131"RUl;COPY FROM RECORD In T"~!",!(,lllY whereof. I here unto SIt my hand r, ~d IrlIi aeal of ,said, '~, _~. ..' CoIIIsle, PI,' ~~{~ --;;,~~ BROADVIEW MORTGAGE COMPANY Plaintiff .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. TIMOTHY L. PROUGH AND JENNY R. PROUGH Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG.&HALLER Leon P. Haller, Esquire 1719 North. Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff , ,"' """" " "~' ", ~ ,.' BROADVIEW MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. TIMOTHY L. PROUGH AND JENNY R. PROUGH Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, BROADVIEW.MORTGAGE COMPANY, is a corporation with an address of 95 East Wilson Bridge Road, Worthington, Ohio 43085. 2. Defendant, TIMOTHY L. PROUGH, is an adult individual whose last known address is 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. Defendant, JENNY R. PROUGH, is an adult individual whose last known address is 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. 3. On or about August 31, 1998, the said Defendants executed and delivered a Mortgage Note in the sum of $80,070.00 payable to BROADVIEW MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 105 FORTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. , "" ""-".' ,I"..,'~'" _,,~"'l'", "., 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the, fact that Mortgagors have failed to pay the installment due on August 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ (b) Interest at $15.22 per day from 7/1/99 to 3/1/00 (based on contract rate of 7.000%) 79,396.16 3,698.46 (c) Accumulated Late Charges 0.00 (d) Late charges at $21.30 per month for 8 months 170.40 (e) Escrow 0.00 (f) 5% Attorney's Commission 3,969.80 $ 87,234.82 *Together with interest at the per diem rate noted in (b) above after March 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at ,Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not ",',," .""". ". ~. required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required py Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage, foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($15.22 per 'diem) , together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By Plffi~Al Leo P. Haller Attorney for Plaintiff I. D. #15700 1719 N. Front Street' Harrisburg, Pa. 17102 (717) 234-4178 \, ,x, ,0 PA" ',,',..~,' '"~ ' '~T e , ~ ' , . NOTE THIS LOAN IS NOT ASSUMAB4E WITHOUT THE APPRO V AL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. AUGUST 31, 1998 IDaLel HARRISBURG (CilY! PENNSYLVANIA (Slalel 105 FOURTH ST, NEW CUMBERLAND, PA 17070 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loanthat I have received, I promise to pay U.S. $ 80,070.00' (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is BROADVIEW MORTGAGE COMPANY, 95 E. WILSON BRIDGE ROAD, WORTHINGTON, OH 43085 I understand !hat th.e Lender may transfer this Note. The Lender or anyone who lakes Ulis Note by transfer and who is entiUed to receive payments under !his Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.000 %. The interest rate required by Ulis Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every monUI. I willm,tkc my monlhly payments on dIe 1 ST day of each monlh beginning on OCTOBER, 1998 I will make these payments every monlh until I have paid all of Ihe principal and interest and any olher charges described below lhat I may owe under Ulis Note. My monlhly payments will be applied to interest before principal. If, on SEPTEMBER 1, 2028 , I still owe amounts under this Note, I will pay UlOse amounts in full on that date, which is called Ihe "Maturity Date." Iwillmakemymon\hIypaymentsat BROADVIEW MORTGA,GE COMPANY, 95 E. WILSON BRIDGE ROAD, , WORTHINGTON, OH 43085 or at a different place if required by the Note Holder. (B) Amount of MontIlIy Payments My monthly payment will be in dIe amount of U.S. $ 532. 71 4. BORROWER'S RIGHT TO PREPAY I have Ule right to prepay at any time, witllOut premium or fee, dle entire debt evidenced by Ihis Note, or any part Ihereof not less Ulan the amount of one insUlllment, or $100.00, whichever is less. Any prepayment in full of Ihe debt shall be credited on Ihe date received, and no interest may be charged after Umt date. Any partial prepayment made on any day other than an insUllIment due date need not be credited until the next following installment due date or 30 days after the date of the partial prepayment, whichever is earlier. MULTISTATE FIXED RATE NOTE - Single Family - UNIFORM INSTRUMENT ITEM 3418L1 (9509) Docld 0000001588 {Pagel of] page.,} GREATLANO. To OrdBr Call: 1-800-530-93930 Fall 616-791-1131 ACCT# 880623 EXhibit ''A'l r~, ," - 5. LOAN CHARGES If a law, which applies to this loan and which seL~ maximum loan charges, is finally interpreted so Umt Ule interest or oUlCr loan charges collected or to be collccted in connection WiUl this lDim exceed Ule permitted limits, then: (i) any such loan charge shail be reduced by the amount neces~'ary to reducc thc charge to 1110 permitted limit; and (ii) any sums alrC:ldy collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make Ulis refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, U,e reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If 11JC NOle Holder has not reccived U,e full amount of any monthly paymenl by the end of F I FTEEN*******calendar days after 111e date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4 . 00 % of my overdue payment. I will pay Ulis late charge prompUy but only once On each late payment. (8) Default ' If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default . If I am in dcfaul!, the Note Holder may send me a wriuen notiec tclIing me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all Ule interest that I owe onUmt amount. That date musfbe at least 30 days after the date on which the notice is delivered or mailed to.me. (D) No Waiver !ly Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holdcr wi\l still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If Ule Note Holder has required. me to pay immediately in full as described above, 111e Note Holder will have Ule right to be paid back by me for all of its costs and expenses in enforcing dlis Note to the extent not prohibited by applicable law. Those expenses include, for eXillnple, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different medlOd, any notice that must be given to me under tllis Note will be given by delivering it or by mailing it by fll'St class mail to me at the Property Address above or at a different address if I give Um Note Holder a notice of my different address. Any notice that must be given to tlle Note Holder onder this Note will be given by mailing it by first class mail to the, Note Holder at the address slated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in ihis Note, including 111e promise 10 pay Um full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do thesc Ihings. Any person who takes over tllCse obligations, including the Obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any Onc of us may be reqoired to pay all of the amounts owcd under this Note. 9. WAIVERS I and any otller person who has obligations under this Note waive' the rights of presentmcnt and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means tilc right to requirc 11m Note Holder to give notice to other persons tiJat amounts due have not been paid. ITEM 341 BL2 (95081 Oocld 0000001588 {Page 2 af 3 pages} GREATLANOB To Order Call: 1.800.530-93930 fa.ll. 616.19'1-1f3f ACCT# 880623 ^~', " "~' ,~, "r~,,' ,', " ",' 10. UNIFORM SECURED NOTE This Note is a uniform instrument wilh limited variations in some jurisdictions. In addition to dIe protections given to dle Note Holder under dlis NOle, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects dIe Note Holder from possible losses which might result if I do ,not keep dle promises which I make in ulis Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under ulis NOLe. Some of ulose conditions arc described lIS follows: Transfer of the ]'roperty. This 101m may be declared immediaLely due lmd payable upon transfer of the Property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapler 37, Tiue 38. United States Code. If Lender exercises Ulis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less UIIIll 3D days from UlC date UlC notice is delivered or mniled wiulin which Borrower mllst \lny nil sums secured by ulis Security Instrument If Borrower fails La pny ulese sums prior to the expiration of ulis period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages I ulrough 3 of ulis Note. (Seal) -Borrower ~ll~~r~ JE NY R OUG - (Seal) ~Borrower (Seal) ~Borrower (Seal) ~BoJ'rower iSign Original Only] ~ tlU'HOur RECOURSE, PAY. TO THE ORDER OF: ~~ Martha Barnhart As!li$lant Sxra\ary ITEM :,141SL3 (9508) Docld 0000001588 (Page 3 of 3 pages) GREA lLANO. To Order Call: 1.0DD-S30.9393DFaxG11i-79H131 I\r-,...~" ....,.,....,..n... .~,,,' "."", ~_. ~ ," ,. . ~ " ~ ~" ^LL Tilt' rOlLOWm:i lot or plot of qrlJur:d \J1Ln 0\ DIoll9'l\lnq Il.:m~e erected lhsf"'rcn, ~llLloJtg. 1n Lho 9,11 cllqh 01 l~n CUClbsrlAnc:. ll'j ~ho ;::oulIly of CuatJl~rl.1nd, ",nd. Stolte at rl1Ill'l,ylv.\nl"'J bounded t.nd,dur.ribe.J ~, follo'r.ll to ,,1l1 ~EiilNNltJ[f .d l'\~ corTI"'''' ul U",ter Slrr:e~ "'nd F~u'th ~Lr@l~tl lht>lIt'D :2c\lth .I1C1nq r~urlh Slnul iQ fe~t "art' ar ~'!"i'~. to.! (lon.Ol, :; fr>'.::' South o~ lhl! D"ellLnQ lICIIHC' eructod tt.;lr~on AI1C: 94 hf't 9 lnctl." IJor\1I Iro.. lhp. '~orth Iln. Q( W.J.Lnut ;'lll"y; lllf>nc~ lilr,;t :'.9 hot dOilq I..nos r.QIM or 1"r~arly b( Shurt Ie- Shlrltne ta ,l, ,to"~ "'orth tt'Qa ';Ioll\ Ll"",Jnut Allt")', BA f'!'l"t i In.c."'!', .,t 11lu," at lat "10. 3Q, OlillUd no'" or torl1li'rly b~ ~h1n'''_n !In I 1 ""lAle; thene\:' ~lJrlh i'.Jonq '..id \lne 7n 1~l!t .u". 0" h'~!O lu '.IlAtl!!' StYlit.tl l"hfi'nCi E""t :\B 1p"l ,alonq I~J!er St""~l to 1I~2 pJOlCE' 0" [It:iil l./Nt NO. i l b~inq p;!.r~ 'Jf Let IJo. ::~ Hi ~;'lown in 'lh/l Dara~\qh fl..,., 0'" Nl!W ~U.bE'rlAnd. IIAVI1~G I.~Ht"O,. erecteo " ~inq\e 1l"'''111nq'~na~n H ~2~ I='ourlh Slrc,"t. AL T A Commitment Schedule C (P113804i1 ) 511 Exhlbic-" '""", ~ ,~, ~'... ,~,"' . . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon < information provided by Plaintiff, BROADVIEW MORTGAGE COMPANY, and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 14, 2000 ~~ Lean P. Haller, Esquire __.1- .~'<'jt~ ~~ a. ~~ 1RI~1l" . ~ ), OFt='!GE nF ;':';1:: SI11:~i!fF CL~!!"::- " ',,: ,l"{ FES 11 4 02 PI'j '00 ,~,-- P E;~; j';, S (L \J' ~\ ~"J 1 A III . . ~" ,. '^ll 00 '~ ~ ~ 0 (f'> C) -,,::c :ll: mrn :>:>0 ~~ ^' -<'T\ 0 nif; 0 ""' CO ~ :;z:'T\ -1-" -<0 N rn \.D . ~ BROADVIEW MORTGAGE COMPANY Plaintiff vs. TIMOTHY L. PROUGH AND JENNY R. PROUGH Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-923 :CIVIL ACTION - LAW - :IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: July 16,1999 I. \ ,^",;~ ." . . -,' '.,~.~~, ,'" ~__ c BY Leon P. Haller 1719 North Front Street Harrisburg, P A 17102 Attorney for Plaintiff Attorney ID# 15700 . - . . A~L,STATE LEGAL $UPPL Y CO. FORM NO. 67152,ElF.671S3.SL.67155,GY'6715e,WH , '-... '0 ,,-::.... <, - Z H n >0 t:l ::0 >'3 < >0 IJl n H 0 Z H ::0 l'l' H Ul t-< ::0 c:: Z . ~ ):> "J :<: . ):> 0 :<: ~ :<: H l'l l'l >0 0 H ):> IJl >'3 ~ 0 t-< n Z ::0 >'3 Z t:l l'l ::r: N ::0 H t:l 0 ::r: >'3 < ::0 l'l 0>'3 ):> >0 ):> c:: >< H H t-< OGl n l'l Z Gl "J l'l ):> n 0):> >'3 >'3 ::r: t-< "J ~ Z 0 I Gl H >'3 Ul . t:l c:: ~~ '<:ll'l 0 0 :s: ::0 N Z >0 0 n >'3 W"J ::0 ::0 ::0 0 0 t-< l'l 0 >'3 c: 0 ::o):>~ c: Gl Z "J l'l~ Gl ):> >'3 R- n ::r: Gl >< n S ~ l'l . 0 r ):> :<: ~ ti z n >0 :<: t:l 0 l'l 0 ::0 i :<: z z l'l L< >0 Z l'l ):> Ul >0 Z Z >< t-< Z >< t-< l'l >< < ):> 1" Ul >'3 ):> n (:::> ~; c::::: ~~ , ~F~, --~--; C:J Z:,:' -- t~5~, c:~ -(J ~~2C~ ,--,. :,~ ~~~ .',.., u: ,,- .. r:~) ~2 ..-~. :J1 --~ -< --- L, I Ii,': {, 'W" , I .~ / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROADVIEW MORTGAGE COMPANY VS PROUGH TIMOTHY L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH TIMOTHY L " but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE/NOT On May 18th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep. Perry County 18.00 9.00 10.00 43.04 .00 80.04 05/18/2000 PRUCELL, KRUG ~~~ ." Thomas Kline ' Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this -< 'f.!:' day of ~y :J..u-uv A.D. C}"''''', O. 'h-t",,';:u ~, I Prothonotary ,iliiiiiiliiiiil" .. ~,iIn The Court of Common Pleas of Cumberland County, Pennsylvania Broadview Mortgage Company VS. Timothy L. Prough, et. al. Serve: Timothy L. Prough N 20-923 Civil o. , Now, 4/25/00 , 20 C) c; , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to exe.cute this Writ, this deputation being made atthe request and risk of the P, laintiff.. .//'Ltt '. .' ' ~~~-t:~.' Sheriff of Cumberland County, P A Affidavit of Service Now, May 17, 20 00 at 8: 1 4 o'clock A M. served the '-' within Complaint in Mortgage Forclosure upon Timothy L. Prough ~ 7-D Pfautz Rd. Duncannon, Pa. 17020 (Penn Township) by handing to Timothy L. Prough a True & Attested and made known to him copy of the originalcomplaint in Mortqaqe Foreclosure the contents thereof. So answers, Deputy ~~~ She 'ff of ~~,. Perry County, PA Sworn and subscribed before me this nfh day Of--'l1j1--' 20~ (LW'" '1. 7-M~; u.;...... NOTARiAl SEAL ~"""'" r. FUCKINl;ER,NOIARYPlJ8UC MYBtOOCOMMMfffl.D BORO..I'E!lRYCOUNTY ION EllP R 0 COSTS SERVICE :MILEAGE AFFIDA VIr /~.cr6 ;23. "'/ ;l.tTo $ $ if 3, v'/ ,..... BROADVIEW MORTGAGE COMPANY Plaintiff vs. TIMOTHY 1. PROUGH AND JENNY R. PROUGH Defendants . . I,. ~, " -'d.-__ . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-923 :CIVIL ACTION - LAW - :IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: July 11, 2000 PURCELL, KRUG & HALLER BY Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff Attorney ID# 15700 ," ~, ="" , ALL-STATE LEGAL SUPPLY CO, FORM NO, 67152'SF'671!53,BI..'67155-GY'67156,WH ~ " '~ . 'OZH(J 0::0 >-1 [)i'O to ~~ ~ ~~~~ ~'Or ~13 I~" n ~t;j HO::O ;~ ( '00>-11') g:J HH ~ ~. t"' :;J\;l I >-1 (j",g]t) U Opj N Z ~ ~ ~~ f 12Wc:J H ::01;: 8 ~ 1Ji pp: :I: 0") ~~ S:J ~ ~ ~ ~ t;J ~ , ~'O ~ 12 "-< ~ ~ ~ ~~ '0 0< ~ < " H ~ Z H fJ :J> (? .",.- .,.,. r;r;j-,', ; :.;;-::: :~. .' &;) ~~~ ~~ ? =< ~ ~ -:.',.) .~::) f'.J ~~;~'l~ -,.~ ::.'0 -< --<-,. 1'>.) [-0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROADVIEW MORTGAGE COMPANY VS PROUGH TIMOTHY L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH JENNY R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of MIFFLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 25th , 2000 , this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Mifflin Co 18.00 9.00 10.00 31. 00 .00 68.00 07/25/2000 PURCELL, KRUG . . Thomas ti "'"" Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this 3/~ day Of~ ;Lu-viJ A.D. ~ (2 ~,#", Prothonotary . - Robert D. Bowersox, Sheriff , ,- Baron ". Lewis, Chief Deputy Robert C. So It, Deputy Laurie J. Durst, Deputy Joseph A, Bradley, Deputy David W. Moiek, Solicitor (717) 248-9656 SHERIFF'S OFFICE MIFFLIN COUNTY 8 North Main Street Lewistown, Pa 17044 (717) 242-1105" (717) 242-1808 Fax: (717) 248-2907 Plaintiff: Broadview Mortgage company Court Number: 20-923 County: Cumberland Defendant: TimothY L prough & Jenny R. prough Type of Writ or Complaint: 10 Writ Notice & complaint IIiI Complaint Name: Jenny R. prough Address: 435 South walnut 5t, Burnham, Pa. 17009 Serve At Name: Address: Indicate Unusual Service: 0 Comm. of Pa. 0 Deputization 0 Other Now 19 , I, SHERIFF OF MIFFLIN COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service: ted above: Telephone No: (717) 234-4178 Date Received: 7/18/00 Date: 7/19/00 Exp, Date: 8/11 iOO X I hereby R Yand RETURN that I ~ have personally served, 0 have iegal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. o I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, corporation, etc., name above. (See Remarks below,) Name and Title of individual served: o A person of suitable age and discretion Served Jenny R. prough then residing at the defendent's usual place of abode. Address where served (complete only if different than shown above) Date of Service: I Time: 7/19/00 12:13 PM Attempts Date Miles Dep.ln!. Date Miles Dep. In!. Date Miles Dep.ln!. 1 7/19iOO 10 LJD Advance Costs 1 Service Costs T Mileage Postage I Surcharge Notary Total I Refund $75.00 $18.00 $10.00 $1.00 $0.00 $2.00 $31.00 $44,00 Remarks: (See other side) Sworn to and subscribed before me this X Notary Public Q:] N01'AIIIAL lEAL PAlll!OA A. WIUIClN, NoIary Public: \sI.1IID... ....... MIIIIIn Countv i/It 'I' "1 EIrpINI.... SI, 2ClllG So Answers: Deputy heriff Notarial Seal , In The Court of Common Pleas of Cumbedand Connty, Pennsylvania Broadview Mort~~e Company Timothy L. Prough, et. al. Serve: Jenny R. Prough No. 20-923 Civil Now, 7/17/00 ,200 C , I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mifflin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. , ' , . ""~~ ~~ J, -f"~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , "/0 ,-- COSTS SERVICE lvIILEAGE A.FFIDA VIT $ $ C' . , "', J. BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants TIMOTHY L. PROUGH AND JENNY R. PROUGH for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $15.22 from 7/1/99 to 3/1/00) Late charges ($21.30 per month to 3/00) Escrow Deficit 5% Attorney's Commission $79,396.16 $ 3,698.46 $ 170.40 $ $ 3.969.80 TOTAL $87,234.82** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale PURCELL, By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I:\HOME\MKF\DOCS\CUMBERLA\PROUGH.P ~ 'I'" - , ^. . '-,' '~',". , , ~ ~ BROADVIEW MORTGAGE COMPANY, PLAINTIFF VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 24, 2000 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. ~~' - <, <." By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 " #. BROADVIEW MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH NO. 2000-923 Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 24, 2000 TO: TIMOTHY L. PROUGH 7-D PFAUTZ ROAD DUNCANNON, PA 17020 JENNY R. PROUGH 435 SOUTH WALNUT STREET BURNHAM, PA 17009 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JDDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 PURCELL, KRUG & HALLER By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 ',. C' ~, , ~ .~ "'.', BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed befo~'7'.m:.Jhis 7 day Of~, 20~ NOTARIAL SEAL MARYLAND K, FERRETTI, Notary Public LOWER PAXTONTWP., DAUPHIN County My Commission ExpiresAUGUST 8, 2002 ;,. -, ~( ,~ , ,,' . ,-- ., '""" ',' '" ." /'t:) N ~ ~ ~,~ ~),,-- \ '" ...... ~ ~~~ ~ .::5' ~ () ~ r ~ aL "- \'-' ~, i~ ~ .-........ ~ ~ [ ~ J'- , ,71"'11 " ' . (') c:' ~ G V F: ~~~ [lJL]".' U ~ S~~ r-,_ r::: r~-, "!-> :,::., ~8 - ", ---;?" :...j ... )::o~ ':":j ~') --< ( JJ -<": .~ . .". '. '-'1"",0' >' '<', ,.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '" CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( / ) Confessed Judgment (XX) Other IN MORI'GAGE FORECI.C6URE Broadview Mortgage Company, Plaintiff File No. 2000 923 vs. Amount Due pP. r jlldgmp.T1t- 5 R7.714 R7 , , Interest $lS.22/diem 4,261.60 Late charges $ 21. 30 Imo 170.40 ~cro.v Deficit 4,480.19 osts Total $ 96,147.01 Timothy L. Prough and Jenny R. Prough, Defendants TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) Real Estate: 10S Fourth Street, New Cumberland, PA County, IN MORI'GAGE FORECI.C6URE PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) : ESTATE' indic ve i L. P au h a I other J)roperty of the defenda . the possession, custody or control of the said garnishee(s). q~{b.b1) PeK (,IJ'tI,Vf1J'5l./-rrt\. (,.;1 ~ryli4J.- F-b(l'cfI.-; o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real ate e defendant(s) described in the attached exhibit. Date '1- 7-t:lO Signature: Print Name: Address: Leon P. Haller, Esquire Purcell, Krug & Haller 171 Q ~Tortl.:1 "'r=t Street Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court 10 No.: PIAINTIFF 717-234-4178 US700 (over) "I" , .- "" ,,- ~.' - " -1"",,__' . '. t .,. . ALL THAT CERTAIN lot or plot of ground with a Dwelling House erected thereon, situate in the Borough of New Cumberland, in the County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the corner of Water Street and Fourth Street; thence South along Fourth Street 70 feet more or less, to a stone, 3 feet South of the Dwelling House erected thereon and 84 feet 9 inches North from the North line of Walnut Alley; thence West 50 feet along lands now or formerly of Stuart K. Sterline to a stone North from said Walnut Alley, 84 feet 9 inches at line of Lot No. 34, owned now or formerly by Shennan Hull estate; thence North along said line 70 feet more or less to Water Street; thence East 50 feet along Water Street to the place of BEGINNING. BEING part of Lot No. 33 as known in the Borough Plan of New Cumberland. HAVING THEREON ERECTED A DWELLING KNOWN AS 105 Fourth Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES WHICH Ronald L. Lewis, Jr. and Vickie R. Lewis by deed dated August 29, 1998 and recorded September 1, 1998 in Deed Book 184, Page 570, granted and conveyed unto Timothy L. Prough and Jenny R. Prough. TO BE SOLD AS THE PROPERTY OF TIMOTHY L. PROUGH AND JENNY R. PROUGH ON JUDGMENT NO. 2000 923. ASSESSMENT: 25-24-0813-049 ,I:"..".. ~~ d' -- '" I " , "" ~~ ~ . """'''" r' p cJ "'""- ~ --'" <S'~_D'!:::---"Q. ~ c2) ~ 01 .\- c--'\:r ~ " ;)C?\~'\' ~ ~ t ~ ~ - '~,' ". >, """ " ~ v--- !l, ~[ ~l~~I!IIl!~ji __'J;!' ~~. (') v~ rpc;~ ~~~:" ~c ~r:::: ~2 ::?.:: =< v ,~ CJ ;~ (/) Cq U r...) ~~ ()'i .. . @ :J': .1'1" lflMlil"ii! BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 105 FOURTH STREET, NEW CUMBERLAND, PAl 1. Name and address of the Owner(s) or Reputed Owner(s): Timothy L. Prough 7-D Pfautz Road Duncannon, PA 17020 Jenny R. Prough 435 South Walnut Street Burnham, PA 17009 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above; SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN . 6. intEi!rest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY Tenant/Occupant 105 Fourth Street New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein a made subject to the penalties of 18 PA C.S. Section 4904 reI ng to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 7, 2000 ,"",. ,",' "''','"' "", ""'~,-' , ' ;;;ll >~... >,"' ~,.~ ", , " . ,~,' ., , . (') ~; n'lf( 2:", ,~ ~::j -< , o c., cn rq -;:;J f' " 'J ;::,~ :::J;;: Ul . ;-2 . ,; ~ " ~ ",e,.J J BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 o'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 105 FOURTH STREET NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 923 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property TIMOTHY L. PROUGH AND JENNY R. PROUGH -- I ~ , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale recei ved and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such' date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , , ! ALL THAT CERTAIN lot or plot of ground with a Dwelling House erected thereon, situate in the Borough of New Cumberland, in the County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the corner of Water Street and Fourth Street; thence South along Fourth Street 70 feet more or less, to a stone, 3 feet South of the Dwelling House erected thereon and 84 feet 9 inches North from the North line of Walnut Alley; thence West 50 feet along lands now or formerly of Stuart K. Sterline to a stone North from said Walnut Alley, 84 feet 9 inches at line of Lot No. 34, owned now or formerly by Sherman Hull estate; thence North along said line 70 feet more or less to Water Street; thence East 50 feet along Water Street to the place of BEGINNING. BEING part of Lot No. 33 as known in the Borough Plan of New Cumberland. HAVING THEREON ERECTED A DWELLING KNOWN AS 105 Fourth Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES WHICH Ronald L. Lewis, Jr. and Vickie R. Lewis by deed dated August 29, 1998 and recorded September 1, 1998 in Deed Book 184, Page 570, granted and conveyed unto Timothy L. Prough and Jenny R. Prough. TO BE SOLD AS THE PROPERTY OF TIMOTHY L. PROUGH AND JENNY R. PROUGH ON JUDGMENT NO. 2000 923. ASSESSMENT: 25-24-0813-049 , ,,~ . , ~ r, " Fill" ,~ -~-.~- n r- ~-;: --,t~- filE. , Z:J -71'" 2/5': " !;,': ~~~ :< mI. ~""'~'<""!""~"" !IIil'II!!~1'!1~lf.,;mfj!W.;!mlf.Wll'[ -,-~,",_,~~~\lJ;illlmo .",."fllliP ~ .,,, , ! C.') C_-, .,,-') -'1 -~) c. '- en -".... \ \ \'",.." \ i1.,. )t "":~ , BROADVIEW MORTGAGE COMPANY, PLAINTIFF VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I h u~ited in the U.S. Mails at Harrisburg, Pennsylvania on .UV a true and correct copy of the Notice of Sale of al Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Timothy L. Prough 7-D Pfautz Road Duncannon, PA 17020 Jenny R. Prough 435 South Walnut Street Burnham, PA 17009 Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Tenant/Occupant 105 Fourth Street New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 1--- "-," ',. By PURCELL, KRU Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 '" JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN 1. TYLER JJLL M. W1NEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY (1910.1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Timothy L. Prough 7-D Pfautz Road Duncannon, PA 17020 Jenny R. Prough 435 South Walnut Street Burnham, PA 17009 Commercial Credit Corporation 3401 Hartzda1e Drive Suite 126 Camp Hill, PA 17011 Tenant/Occupant 105 Fourth Street New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. By: ainst the said ou have an being notified of YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. Leon P. Haller PA I.D.15700 Attorney for Plaintiff o ~f' '"""." ~, . BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 105 FOURTH STREET NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 923 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property TIMOTHY L. PROUGH AND JENNY R. PROUGH .", "'.1 ,.. ~.i . . ., .d, . -T"" '- A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL, RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 'r --I" " ,- . I. petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such. date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , , ,..,. 1" ~ ,,' - .. c<, -,,, '~"',~'''' . , ,. .' ALL THAT CERTAIN lot or plot of ground with a Dwelling House erected thereon, situate in the Borough of New Cumberland, in the County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the corner of Water Street and Fourth Street; thence South along Fourth Street 70 feet more or less, to a stone, 3 feet South of the Dwelling House erected thereon and 84 feet 9 inches North from the North line of Walnut Alley; thence West 50 feet along lands now or formerly of Stuart K. Sterline to a stone North from said Walnut Alley, 84 feet 9 inches at line of Lot No. 34, owned now or formerly by Sherman Hull estate; thence North along said line 70 feet more or less to Water Street; thence East 50 feet along Water Street to the place of BEGINNING. BEING part of Lot No. 33 as known in the Borough Plan of New Cumberland. HAVING THEREON ERECTED A DWELLING KNOWN AS 105 Fourth Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES WHICH Ronald L. Lewis, Jr. and Vickie R. Lewis by deed dated August 29, 1998 and recorded September 1, 1998 in Deed Book 184, Page 570, granted and conveyed unto Timothy L. Prough and Jenny R. Prough. TO BE SOLD AS THE PROPERTY OF TIMOTHY L. PROUGH AND JENNY R. PROUGH ON JUDGMENT NO. 2000 923. ASSESSMENT: 25~24-0813-049 ",,, '.-- l'- 0 .-'l l'- .... ~ostage $ rn ...D Certified Fee ;;r ru Return Receipt Fee .-'l (Endorsement Required) 0 Restricted Delll/ery Fee 0 (Endorsement Required) 0 Total Postage & Fees $ 0 ;;r rn IT' IT' o l'- TIMOTHY L PROUGH 7-D PFAUTZ ROAD DUNCANNON PA 17020 ~ I' " o~ , nJ LI') .-'l l'- .... rn ...D ;;r Postage $ Certified Fee ru Return Receipt Fee rI (Endorsement Required) o o Restricted Delivery Fee (Endorsement Required) c:J '0 , ;;r I rn , 'IT' .... c:J l'- Total Postage & Fees $ '"'-=...... >=ft..)-:;~'" "'~~~rnark ' " 'j(JH$re .." Jj't 0.)'01 ~, 5;,'/ .......-,.;;':t.) 'br!;'S\'tY...;/ "..-'" JENNY R PROUGH 435 SOUTH WALNUT STREET B,URNHAM PA 17009 . Re: Broadview v. Prough Cumberland Sales 12/6/00 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Timothy L. Prough 7-D Pfautz Road Duncannon, PA 17020 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Jenny R. Prough 435 South walnut Street Burnham, PA 17009 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 . << ,- u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Tenant/Occupant 105 Fourth Street New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 '0 . . . . . I .2 0 ~ ~ o . '" . . .'~ ~<, ,,," NII!!IIII" ""''''''"''' -, ~,-" c) ~..~ -,..--- -;0... C!~ rTl c:i 6::D ..e: ~r- C/)}> ~ ,~,=::: -.1 ,,0 P -0 ~~~ ::I.:: .);;.. ,-,~ i"o,) <. . " . ;,-, 'J :~r; ~" ')"'" ~1~ "n ,~, ~ f STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ________________.-------------------------------------________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which __uu__________ ______~=~_~~~~!__~~_~~!~_i~~_~_~~__________________________________________________ ~ the grantee the same having been sold to said grantee on the _6_:~__________u_______u__nu_n___n__u_u_ day of Dec 2000 _u___u___________n____u_.-____uu__ A. D., u___, under and by virtue of a wriL__u_n__u__ EEecution 12th ________ ________________,..____ __ _____ _____ __ ___ __ issued OIl the _ ___ __ ______ ________ __ ____ ____ _______ Sept 2000 day of ________uuu___u._____. A. D., -. u_' out of the Court of Cornman Pleas of said County as of Civil 2000 ____________________.. __ _______.,. __ _____ __________ _________ _____ ____ ____ ______.;._ ___ Term, 923 Btoadview Mtg Co Number __u________u, at the suit of ______________n_u________u____________n_u__u.n---------- Timothy L Prough & Jenny R ___________ __ _____ _________________ against________ __________ _________ ________ ______ __ __ ____ ___ is 237 636 duly recorded in Sheriffs Deed Book No. u_n__uu_, Page ____u_u___. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this __!..~:!!.__ day of -----~---------/J;, D." ~~.L ._--~ ~-----~----- ?# Ilecorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My CommISsion Expires the first Monday ot Jan. 2D02 , "I '"",~~ ,~, "1 , ] Broadview Mortgage Company -vs- Timothy L. Prough and Jenny R. Prough IIi the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-923 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the withinnamed defendants to wit: Timothy L. Prough, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ Notice Poster and Description according to law. Perry County, Return: Now, October 19,2000 at 4:53 o'clock P.M. served the within Writ, Notice of Sale and Sale Bill upon Timothy L. Prough at 7-D Pfautz Rd., Duncannon, Pa. (Penn Twp) by handing to George Green adult in charge a true and attested copy of the original Writ, Notice of Sale & Sale Bill and made known unto him the contents thereof. So answers: Carl E. Nace Deputy Sheriff Perry County, PA R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants to wit: Jenny R. Prough, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Mifflin County to serve the above Real Estate Writ Notice Poster and Description according to law. Mifflin County Return: I hereby CertifY and Return that I personally served Jennny R. Prough on October 10, 2000 at 11:02 A.M. at 435 South Walnut Street, Lewistown, PA So answers: Laurie J. Durst, Deputy Sheriff Mifflin County. Brian M. Barrick. Deputy Sheriff, who being duly sworn according to law, says on October 9,2000 at 5:30 o'clock P.M. EDST, he posted a copy of real Estate Writ Notice Poster and Description on the property of Timothy Prough and Jenny Prough located at 105 4th Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Timothy L. Prough by regular mail to his last known address 7- D Pfautz Road, Duncannon, P A. This letter was mailed under the date of October 23, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jenny R. Prough by regular mail to her last known address 435 South Walnut Street, Burnham, PA This letter was mailed under the date of October 13,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, says that after due and legal notice had been given according to \ ~V' law exposed the above described premises at public venue or outcry at Court House, Carlisle, \~ \:> Cumberland County, Pennsylvania and sold the same for the sum of$ 1.00 to Attorney Jill Winkea for The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns. It being the highest bid and best price quoted for the same The Secretary of V eterans Affairs of Washington D.C., his successors and/or assigns ofWissahickon Avenue and Manheim Street, Philadelphia being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 788.73 it being costs. "',"1_ ~_ Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Out of County Mifflin County Perry County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This /1 ~ Day Of~ 2001, A.D. Q'h C.~.~ Pro 0 otary oC'-l1___ 30.00 15.29 15.00 15.00 30.00 10.00 .50 1.00 10.54 .64 15.00 30.00 18.00 31.00 44.96 265.40 180.75 23.15 25.00 27.50 $ 788.73 Pd By Atty 01108/01 ~<;'Jll}S\!I~&~ :.,.'it;:': i.? ~_1l<'1"~~if1;f,.~-<{..f? R. Thomas Kline, Sheriff By fif,~J1Jz; Real Estate Deputy I' ~I\...' o.Jt" /. -\ .... JvtY sV ~~ 1 I. .?> -tq uV ,0[, \<V , ' , BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 105 FOURTH STREET, NEW CUMBERLAND, PA: 1. Name and address of the Owner(s) or Reputed Owner(s): Timothy L. Prough 7-D Pfautz Road Duncannon, PA 17020 Jenny R. Prough 435 South Walnut Street Burnham, PA 17009 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN ;~f_T '-;> , ~ 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 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: TENANTS IF ANY Tenant/Occupant 105 Fourth Street New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein a~~ made subject to the penalties of 18 PA C.S. Section 4904 reI ~i'ng to unsworn falsification to authorities. ./~./y.." ~. -;?;' / .--,./... ./ .---; .--",' .1// Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 7, 2000 ',*IRI!__ BROADVIEW MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY L. PROUGH AND JENNY R. PROUGH, DEFENDANTS CIVIL ACTION - LAW NO. 2000 - 923 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 105 FOURTH STREET NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 923 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: TIMOTHY L. PROUGH AND JENNY R. PROUGH ',~--r , , I" . . A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You'may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This .~ .' I ,., ,~~~ . , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,,~ '-~, . ALL THAT CERTAIN lot or plot of ground with a Dwelling House erected thereon, situate in the Borough of New Cumberland, in the County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the corner of Water Street and Fourth Street; thence South along Fourth Street 70 feet more or less, to a stone, 3 feet South of the Dwelling House erected thereon and 84 feet 9 inches North from the North line of Walnut Alley; thence West 50 feet along lands now or formerly of Stuart K. Sterline to a stone North from said Walnut Alley, 84 feet 9 inches at line of Lot No, 34, owned now or formerly by Sherman Hull estate; thence North along said line 70 feet more or less to Water Street; thence East 50 feet along Water Street to the place of BEGINNING. BEING part of Lot No. 33 as known in the Borough Plan of New Cumberland. HAVING THEREON ERECTED A DWELLING KNOWN AS 105 Fourth Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES WHICH Ronald L. Lewis, Jr. and Vickie R. Lewis by deed dated August 29, 1998 and recorded September 1, 1998 in Deed Book 184, Page 570, granted and conveyed unto Timothy L. Prough and Jenny R. Prough. TO BE SOLD AS THE PROPERTY OF TIMOTHY L. PROUGH AND JENNY R. PROUGH ON JUDGMENT NO. 2000 923. ASSESSMENT: 25-24-0813-049 I ," - . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-923 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Broadview Mortgage Company PLAINTIFF(S) from Timothy L. Prough and Jenny R. Prough DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate: 105 Fourth STreet, New Cumberland, PA ~ee legel dp.scripticR , : ,'" ':;/!~ .l ; ; 'i, t , . , r (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of i,'< GARNISHEE(S) as follows: and to notify the garnisheEl(s) that: (a) an allac,hment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendanl(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subjectto attachment is found in the po!;session of anyone other than a named garnishee, you are directed to notKy him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due per judgment $87,234.82 Interest $15. 22/diem $4,261. 60 L.L. $.50 $1. 00 Due Prothy Other Costs Atty's Comm Atty Paid Plaintiff Paid % Late charges $21.30/mo $170.40 $341. 24 Escrow Deficit $4,480.19 Date: September 12, 2000 Curtis R. Long Prothonotary, Civil Division by: *l;~ k~~,~ REQUESTING PARTY: Name LPurcelpl, Krug & Haller eon . Haller. Esa. Deputy Address: 1719 North Front Street Harrisburg, PA 17102. Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 ",,"l'!f"l'''''''''"'_ ~ ".,~ ' " ~ ~"'I I , . !ill . . REAL ESTATE SALE NO.53 an ~9-;;;-rm the sheriff levied upon the defendants interest in the real property situated indJ,.t.A) ~..a "r:L~ Cumberland County, Pa.. known ::md numbered as:J.oS ~ Ji.....1 1)p.M)~and more L <Jibed on Exhibit "A" filed with this writ and Oy thiS reference lilcorporated herein. _:~/1<::J.no B~~ < ';! i ~ "-'.' .'.! 1 C' . - . . -', Jd nn ',1'"7' 1'1 '"S ! i,', " , G'i C 00 )'li;i:,.. -;"l:J ~N;JIi', . :;'JioUO .., .. -I' "'P'V ~M_"""llI ~, ~__.,,_,e,__ I~_, ,_W"iI!"II> Ju ~-'''''~%R'lN~~..,""'P.I_~_"~=",, ~"., ~.,~<.,,,~~" IT[ . _J: .. "',,,,,,, .. " lVJllli) c:;;:a CW c::::::3 Gi) liV\1 2..rc"4~~~W~~:. ~-M~~'-' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he Is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and piace of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 31 st day of October and the 7th and 14th day(s) of November 2000. 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 ollice for the Recording of Deeds in and for said County of DauPhin..in riscellaneous Book "M", Voiume 14, Page 317. ~ PU B L1CA TION ... .............................. L.... ....... ..... ........ ....... .................. .......... COpy S ALE #53 worn 0 an su Nota 81 Seal Terry L. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 Member, PennsyNania Association of Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , .. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Total $ 179.25 1.50 180.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... -w~~ "',' "-." REM- ESTAIl'!E SALE NO. 63 Writ No. 2000-923 Civil BroadvlewMortgage Company vs. TImothy L. Prough and Jenny R. Prough Atty.: Leon P. Haller ALL TIiAT CERTAIN lot or plot of ground with a Dwelling House erected thereon. situate in the Bor- ough of New Cumberland. in the County of Cumberland. and State of Pennsylvania, bounded and de- scribed as follows. to wit: BEGINNING at the corner of Water Street and Fourth Street: thence South along Fourth Street 70 feet more or less, to a stone, 3 feet South of the Dwelling House erected thereon and 84 feet 9 inches North from the North line of Walnut Alley: thence West 50 feet along lands now or formerly of Stuart K. Sterline to a stone North from said Walnut Al- ley, 84 feet 9 inches at line of Lot No. 34, owned now or formerly by Sherman Hull estate; thence North . along said line 70 feet more or less to Water Street; thence East 50 feet along Water Street to the place of BEGINNING, BEING part of lot No. 33 as known in the Borough Plan of New Cumberland. HAVING THEREON ERECTED A DWELLING KNOWN AS 105 Fourth Street, New Cumberland, Pennsyl- vania. BEING THE SAME PREMISES WHICH Ronald L. Lewis, Jr. and Vickie R. Lewis by deed dated Au- gust 29. 1998 and recorded Sep- tember I, 1998 In Deed Book 184, Page 570, granted and conveyed unto TImothy L. Prough and Jenny R. Prough. TO BE SOLD AS THE PROP- ERTY OF TIMOTHY L. PROUGH AND JENNY R. PROUGH ON J.UDGMENT NO. 2000 923. ASSESSMENT: 25-24-0813-049 T . ~ "'I'T"I'~I,~ I~ --'1- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of 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 ofthe said Cumberland Law Journal on the following dates, viz: OCTOBER 27, NOVEMBER 3,10,2000 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. R~Editor - SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 NOTA L LOIS e. SNYDER, Noh:iry Public Carli". Boro. Cumberk!ndCa\"'ty, PA My Commission Expires Mol:Ch:5,-2001 - ,.""'''''''''''0,,,-_. ~1_~ '1 .